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• 


California 
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THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


COMMERCIAL    INTERCOURSE 


• 

I 


TES   DECLARED   Df   [NSURI 


THE    COLLECTION 


ABANDONED   AND  CAPTURED  PROP; 


r  LS  ,    I 


LICENSE;'  AND   THE   WAR  AND   NAV: 

TIJ  - 


*Kl»TKnBBR   11,    ISO.'I. 


WASHINGTON: 

tit)  V  KRNMBNT     PRINTING     0  ir  Kf  O.g. 

1863. 


k    '    -  -    *  «.JLA_xy     ffi-tLjQi  i 

COMMERCIAL    INTERCOURSE 


WITH  AND  IN 


STATES  DECLARED  IN  INSURRECTION. 


AND 


THE   COLLECTION 


OF 


ABANDONED  AND  CAPTURED  PROPERTY. 


EMBRACING 


THE  TREASURY  DEPARTMENT  CIRCULARS  AND  REGULA- 
TIONS; THE   EXECUTIVE  PROCLAMATIONS   AND 
LICENSE;   AND   THE   WAR  AND  NAVY  DE- 
PARTMENT ORDERS   RELATING  TO 
THOSE  SUBJECTS. 


SEPTEMBER  11,  1S63. 


WASHINGTON: 

GOVERNMENT    PRINTING     OFFICE. 
1863. 


(1x5  S  c 


CONTENTS, 


Treasury  Department  Circular  of  July,  1863 3 

Treasury  Department  Circular 9 

Regulations  concerning  Commercial  Intercourse 13 

Regulations  concerning  Abandoned  Property 31 

Proclamation  of  the  President,  August  16,  1861 39 

Proclamation  of  the  President,  July  1,  1862 40 

Proclamation  of  the  President,  March  31,  1863 41 

License  of  the  President,  March  31, 1863 43 

Act  concerning  Commercial  Intercourse,  July  13,  1861 44 

Act  supplementary  to  Intercourse  Act,  May  20,  1862 47 

Act  concerning  Abandoned  and  Captured  Property,  March  12,  1863.  . .  48 

Order  of  the  Secretary  of  War 51 

Order  of  the  Secretary  of  the  Navy 54 


493344 


TREASURY  DEPARTMENT  CIRCULAR  OF  JULY,  1863. 


[This  letter,  addressed  to  Supervising  Special  Agent  Mellen  and  sent  to  the  other  Super- 
vising Special  Agents  in  July  last,  is  republished,  with  some  modifications  adapting  it  to 
the  Revised  Regulations,  for  the  convenient  information  of  all  parties  concerned.] 

TREASURY  DEPARTMENT,  July  3.  1863. 

SIR:  I  have  received  your  letter  of  the  5th  of  June,  from  Memphis, 
and  also  those  of  previous  dates  from  Cincinnati,  relative  to  the  col- 
lection of  abandoned  and  captured  property  within  the  States  here- 
tofore declared  to  be  in  insurrection. 

In  reply,  I  think  it  important  to  direct  your  attention,  in  the  first 
place,  to  the  general  distinctions  under  which  all  property,  subject 
to  the  disposition  of  national  officers,  within  the  district  under  your 
supervision  may  be  arranged. 

There  may  be  said  to  be  four  classes  of  such  property,  viz.,  aban- 
doned, captured,  commercial,  and  confiscable. 

First ;  Abandoned  property  is  of  two  descriptions  (1st,  )  that  which 
has  been  deserted  by  the  owners;  and  (2d,)  that  which  has  been  vol- 
untarily abandoned  by  them  to  the  civil  or  military  authorities  of  the 
United  States.  Such  property  is  to  be  collected  or  received  by  the 
Special  Agents  of  this  Department  and  sold,  under  the  authority  of 
the  Act  of  March  12,  1863;  and  the  proceeds,  after  deducting  the 
expenses  of  transportation  and  sale,  and  other  expenses  attending  the 
collection  and  disposition  thereof,  are  to  be  deposited  in  the  Treasury, 
subject  to  award  by  the  Court  of  Claims.  Before  this  court,  claimants 
to  such  property,  or  the  proceeds  thereof,  have  the  right,  under  the 
act,  to  prefer  their  claims  at  any  time  after  the  sale,  and  before  the 
expiration  of  two  years  from  the  close  of  the  war.  No  guaranty  can 
be  given  to  owners  of  abandoned  property  in  respect  to  the  time 
when,  or  the  persons  to  whom,  proceeds  will  be  paid. 

Second]  Captured  property  is  understood  to  be  that  which  has  been 
seized  or  taken  from  hostile  possession  by  the  military  or  naval  forces 
of  the  United  States,  and  is  to  be  turned  over,  with  certain  excep- 
tions named,  to  the  Special  Agents  of  this  Department,  in  accordance 
with  the  provisions  of  the  Act  of  March  12,  1863.  All  property  taken 
possession  of  by  military  or  naval  forces,  and  turned  over  to  Special 
Agents,  must  be  regarded  as  prima  facie  captured  property.  Such 
property  you  will  receive  and  direct  to  be  sold,  and  will  cause  the 
proceeds  to  be  deposited  in  the  Treasury,  subject  to  the  future  award 
of  the  Court  of  Claims. 

Captured  property  which  is  held  as  lawful  prize  by  the  Navy  is  not 
to  be  turned  over  to  the  Department  Agents,  nor  to  be  in  any  way 
controlled  by  them. 


Third;  Commercial  property  is  that  which  has  been  or  may  be  sold 
and  purchased  under  the  license  of  the  President,  through  permits 
granted  by  the  officers  of  the  Treasury  Department. 

Fourth;  Confiscable  property  is  that  which  belongs  to  certain  classes 
of  persons,  as  recited  in  the  Confiscation  Act  of  July  17,  1862,  and 
is  liable  to  seizure  and  condemnation  by  judicial  proceedings  in  the 
manner  prescribed  by  that  act. 

Great  care  must  be  exercised  in  properly  classifying  all  property, 
that  the  provisions  of  the  law  applicable  to  each  class  may  be  com- 
plied with;  and  it  must  be  remembered  that  with  the  property  in- 
cluded in  the  fourth  class,  unless  found  deserted  and  abandoned,  the 
Agents  of  the  Treasury  Department  have  no  authority  to  interfere. 
The  execution  of  the  Confiscation  Act  is  confided,  by  its  express 
terms,  to  the  President,  by  whom  the  Attorney  General  has  been 
charged  with  the  direction  of  all  seizures  and  proceedings  under  it. 

It  must  be  remembered,  also,  that  all  property  coming  from  insur- 
rectionary districts  into  loyal  States,  or  in  reversed  direction,  or  being 
transported  within  or  to  insurrectionary  districts,  in  contravention  of 
law  or  Departmental  Regulations,  is  forfeited  or  forfeitable;  and  that 
it  is  the  duty  of  the  Agents  of  the  Department,  as  well  as  of  other 
proper  officers,  to  enforce  the  forfeitures  thus  incurred;  but  property 
thus  forfeited  or  forfeitable  must  not  be  confounded  with  confiscated 
or  confiscable  property,  which  is  to  be  proceeded  against  and  disposed 
•of  under  the  Act  of  July  IT,  1862,  or  with  prize  property  captured 
by  the  navy,  and  subject  to  disposition  under  the  direction  of  Prize 
Commissioners  and  Courts. 

In  respect  to  property  embraced  in  the  first  class,  namely,  aban- 
doned property,  it  is  to  be  observed  that  no  Agent  is  authorized  to 
make  any  other  assurances  than  that  property  voluntarily  abandoned 
shall  be  faithfully  disposed  of  under  the  law,  so  as  to  secure,  as  far 
as  practicable  in  the  existing  condition  of  the  country,  the  rights  of 
owners.  No  authority  is  given,  or  intended  to  be  given,  to  agents 
to  make  any  promises  of  special  immunities  or  advantages  not  speci- 
fied in  the  law. 

In  respect  to  both  descriptions  of  abandoned  property,  whether 
found  deserted  or  voluntarily  abandoned,  the  law  authorizes  the  pay- 
ment of  such  expenses  as  must  necessarily  be  incurred  in  its  collec- 
tion, or  receipt  and  disposition. 

You  will,  therefore,  pay  all  such  expenses,  including  fees,  taxes, 
freights,  storage,  charges,  labor,  and  other  necessary  expenses,  out  of 
the  general  fund  arising  therefrom;  being  careful  to  avoid  all  useless  or 
indiscreet  expenditures,  and  to  charge  each  particular  lot  or  parcel  with 
the  specific  or  proportionate  amount  of  expense  pertaining  to  it,  and, 
unless  unavoidably  prevented,  to  take  vouchers  therefor,  to  be  filed 
with  the  account  of  sales  in  this  Department. 

Where  property  is  liable  to  be  lost  or  destroyed,  in  consequence 
of  its  location  being  unknown  to  the  Special  Agents,  or  from  other 
causes,  and  parties  propose  for  compensation  to  collect  and  deliver 
it  into  the  hands  of  the  Agents  of  this  Department,  at  points  to  be  de- 
signated by  them,  you  may  contract  for  the  collection  and  delivery 


thereof,  on  the  best  possible  terms,  not  exceeding  twenty-five  per 
cent,  of  the  proceeds  of  the  property  ;  which  percentage  must  be 
full  compensation  for  all  expenses  of  whatever  character  incurred  in 
collecting,  preparing,  and  delivering  such  property  at  the  points  in- 
dicated. Prior  to  any  contract  being  entered  into,  each  party  pro- 
posing must  submit,  in  writing,  a  statement,  as  near  as  may  be,  giv- 
ing the  kind  and  amount  of  property  proposed  to  be  collected  ;  the 
location  whence  to  be  obtained ;  and  all  the  facts  and  circumstances 
connected  with  it,  particularly  as  to  its  ownership  ;  and  any  contract 
made  in  pursuance  of  this  authority  will  be  restricted,  either  to  the 
collection  and  delivery  of  particular  lots  at  named  localities,  which  is 
preferred,  or,  when  circumstances  clearly  justify,  to  the  general  col- 
lection and  delivery  of  all  abandoned  property  in  limited  districts,  not 
greater  in  any  case  than  one  parish  or  county,  and  not  more  than  one 
district  to  be  assigned  to  one  contractor. 

Before  payment  to  any  contractor  for  services  in  fulfilment  of  any 
contracts  made  in  pursuance  of  this  authority,  a  bond  equal  to  the 
amount  stipulated  to  be  paid  must  be  given  by  him,  indemnifying 
the  United  States  against  all  claims  to  the  property  delivered  on 
account  of  damages  by  trespass  or  otherwise,  occasioned  by  the  act 
or  connivance  of  the  contractor,  and  against  all  claims  that  may  arise 
on  account  of  expenses  incurred  in  the  collection,  preparation,  and 
transportation  of  said  property  to  the  points  designated  in  such 
contract. 

Should  cases  arise  justifying,  in  your  opinion,  the  allowance  of  a 
larger  percentage  than  that  herein  authorized,  you  will  refer  such 
cases  to  this  Department,  accompanied  by  a  statement  of  the  facts 
and  circumstances  connected  therewith,  together  with  such  views 
and  opinions  of  your  own  as  you  may  think  proper  to  submit  for  my 
consideration. 

If  property  of  a  perishable  nature  is  found  abandoned,  and  its  im- 
mediate* sale  is  required  by  the  interests  of  all  concerned,  it  may  be 
disposed  of  as  provided  for  by  regulations.  You  will  aim  to  miti- 
gate, as  far  as  possible,  and  will  in  no  case  do  anything  avoidable  to 
augment  the  calamities  of  war. 

In  relation  to  captured  property  you  will  observe  the  same  direc- 
tions, as  far  as  they  may  be  applicable,  as  to  its  receipt  and  subse- 
quent disposition,  as  are  prescribed  in  relation  to  abandoned  property. 

In  relation  both  to  captured  and  abandoned  property,  you  will 
remember  that  no  release  must  be  granted  to  persons  claiming  owner- 
ship of  property  which  has  come  to  the  possession  of  the  Agents  of 
the  Department  as  abandoned,  captured,  or  forfeited;  nor  must  any 
permits  be  granted  to  individuals  to  remove  such  property;  nor  must 
personal  favors,  in  any  case,  be  extended  to  one  individual  or  party 
rather  than  to  another;  nor  must  any  liabilities  be  assumed  or  con- 
tracts made  on  the  part  of  the  United  States  not  clearly  warranted 
by  law  and  th%Dep£rtmental  Regulations  made  in  pursuance  of  law. 

In  case  furniture,  or  other  movable  property  of  like  character, 
is  abandoned  or  captured,  you  will  cause  it  to  be  retained  and  left  on 
the  premises  where  found  whenever  it  can  be  done  with  safety;  other- 


wise,  if  practicable,  and  not  attended  with  too  great  cost,  you  will 
have  it  safely  stored  and  properly  marked  and  numbered,  and  will  re- 
port the  facts  to  this  Department  and  await  further  directions. 

Your  principal  embarrassments  will  doubtless  arise  from  questions 
relating  to  property  of  the  third  class,  or  commercial  property. 

The  general  purposes  which,  under  the  acts  charging  me  with  the 
regulation  of  the  restricted  commercial  intercourse  permitted  by  the 
President,  I  have  kept  steadily  in  view,  have  already  been  suffi- 
ciently explained  in  general  regulations  and  in  letters. 

They  may  be  briefly  stated  thus  :  (1)  To  allow  within  districts  in 
insurrectionary  States  when  the  authority  of  the  government  is  so 
completely  re-established,  in  your  judgment,  sanctioned  by  that  of  the 
commanding  General,  as  to  warrant  it,  and  between  such  districts 
and  loyal  States  the  freest  commercial  intercourse  compatible  with 
prevention  of  supplies  to  persons  within  rebel  lines.  (2d)  To  allow 
beyond  such  districts,  but  within  the  lines  of  our  military  occupation, 
such  intercourse,  sanctioned  by  the  commanding  General,  as  may  be 
required  to  supply  the  inhabitants  with  necessaries,  but  to  allow  no 
other  until  the  complete  re-establishment  of  the  national  authority 
shall  warrant  it;  and  (3)  To  allow  no  intercourse  at  all  beyond  the 
national  and  within  the  rebel  lines  of  military  occupation;  across 
these  lines  there  can  be  no  intercourse  except  that  of  a  character  ex- 
clusively military. 

The  limits  of  the  districts  within  which  the  most  general  trade  may 
be  allowed  must  necessarily  be  prescribed  by  you,  after  full  confer- 
ence with  the  commanding  Generals  of  Departments,  whenever  such 
conference  is  practicable,  and  these  should  be  so  clearly  and  distinct- 
ly marked  by  known  geographical  boundaries,  or  by  the  enumeration 
of  counties,  as  to  leave  no  uncertainty  as  to  their  course  or  compre- 
hension. The  limits  of  the  regions  within  which  necessaries  may  be 
supplied  cannot  be  so  clearly  defined,  but  must  be  ascertained  as  well 
as  possible  from  the  commanding  Generals,  and  the  power  to  permit 
any  supplies  within  them  must  be  exercised  with  great  caution. 

There  does  not  seem  to  me  to  be  so  much  danger  in  intercourse 
which  does  not  involve  the  furnishing  of  supplies.  If,  for  example, 
any  person  desires  to  bring  cotton,  tobacco,  sugar,  turpentine,  or 
other  property,  already  purchased,  or  to  be  purchased  for  money 
only,  from  any  place  within  the  lines  of  our  military  occupation,  I 
can  see  no  objection  to  his  being  permitted  to  do  so.  subject  to  the 
fees  and  obligations  specified  in  the  general  Regulations,  on  his  giving 
a  bond  in  a  sufficient  sum,  and  with  sufficient  sureties,  conditioned 
that  no-military,  naval,  or  civil  officers  or  persons,  prohibited  by  law, 
or  by  orders  of  the  President,  or  of  the  Secretaries  of  War  or  Navy, 
or  of  military  or  naval  commanders  having  proper  authority,  from 
being  interested  in  such  property,  whether  purchased  or  to  be 
purchased,  shall  be  so  interested  therein.  Intercourse  such  as  this 
might,  it  seems  to  me,  be  safely  permitted,  almoSt,  if  «ot  quite,  co- 
extensively  with  our  lines  of  military  occupation. 

Should  this  view  meet  the  approval  of  the  Generals  commanding 
Departments  within  your  Agency,  the  question  of  intercourse  within 


the  doubtful  region  between  what  may  be  called  the  commercial  and 
the  military  line  would  be  reduced  to  a  question  of  the  quantity  of 
supplies  allowed  to  be  furnished  for  money. 

It  is  impossible  at  once  to  arrive  at  the  best  possible  ways  of  ac- 
complishing the  great  objects  which  Congress  had  in  view  in  the 
several  acts  relating  to  commercial  intercourse;  but  if  these  objects 
themselves  be  kept  steadily  in  view,  namely,  (1st,)  non-intercourse 
between  loyal  States  or  districts,  and  States  or  districts  controlled  by 
insurgents;  and  (2d,)  modified  intercourse  between  loyal  States  or 
districts,  and  States  or  districts  partially  regained  to  the  Union,  the 
best  modes  of  accomplishing  them  will  gradually  disclose  themselves. 
You  will  diligently  observe  the  course  of  events,  and  hear  attentively 
all  suggestions  made  by  respectable  and  loyal  citizens,  and  report  to 
me  whatever  may  seem  to  you  proper  for  consideration  in  establishing 
or  modifying  the  Regulations  of  the  Department. 

Nothing  occurs  to  me  as  needing  to  be  now  added,  except  that 
hereafter  the  Supervising  Special  Agents  may  establish,  in  conjunc- 
tion with,  or  obedience  to,  the  Generals  commanding  Departments, 
lines  within  which  trade,  more  or  less  limited,  may  be  carried  on 
without  awaiting  my  sanction,  taking  care,  however,  to  give  as  gen- 
eral notice  as  practicable,  through  the  press  and  otherwise,  of  the 
establishment  or  modification  of  such  lines.  All  action  under  this 
authority  must  be  immediately  and  specifically  reported  to  the  De- 
partment. 

With  great  respect, 

S.  P.  CHASE, 
Secretary' of  the  Treasury. 

WM.  P.  MELLEN,  Esq., 

Supervising  Special  Agent,  &c. 


TREASURY  DEPARTMENT  CIRCULAR 

CONCERNING 

Trade  with  and  in  States  Declared  in  Insurrection, 

AND   CONCEBNINQ 

ABANDONED  AND  CAPTURED  PROPERTY. 


To  the  Special  Agents  of  the  Treasury  Department : 

TREASURY  DEPARTMENT,  September  11,  1863. 

GENTLEMEN  :  The  President  of  the  United  States,  having,  by  Pro- 
clamation of  July  1,  1862,  declared  and  proclaimed  that  the  States 
of  South  Carolina,  Florida,  Georgia,  Alabama,  Louisiana,  Texas, 
Mississippi,  Arkansas,  Tennessee,  North  Carolina,  and  the  State  of 
Virginia,  except  the  following  counties,  Hancock,  Brooke,  Ohio, 
Marshall,  Wetzel,  Marion,  Monongnlia,  Preston,  Taylor,  Pleasants, 
Tyler,  Ritchie,  Doddridge,  Harrison,  Wood,  Jackson,  Wirt,  Roane, 
Calhoun,  Gilmer,  Barbour,  Tucker,  Lewis,  Braxton,  Upshur,  Ran- 
dolph, Mason,  Putnam,  Kanawha,  Clay,  Nicholas,  Cabell,  Wayne, 
Boone,  Logan,  Wyoming,  Webster,  Fayette,  and  Raleigh,  are  in  in- 
surrection and  rebellion: 

And  having  also  by  Proclamation  on  the  31st  of  March,  1863,  re- 
voked certain  exceptions  made  by  his  former  Proclamation  dated 
August  16,  1861,  and  declared  that  the  inhabitants  of  the  States  of 
Georgia,  South  Carolina,  North  Carolina,  Tennessee,  Alabama,  Louisi- 
ana, Texas,  Arkansas,  Mississippi,  Florida,  and  Virginia  (except  the 
forty-eight  counties  of  Virginia  designated  as  West  Virginia,  and 
except,  also,  the  ports  of  New  Orleans,  Key  West,  Port  Royal,  and 
Beaufort,  in  North  Carolina,)  are  in  a  state  of  insurrection  against 
the  United  States,  and  that  all  commercial  intercourse,  not  licensed 
and  conducted  as  provided  in  said  act,  between  the  said  States  and 
the  inhabitants  thereof  with  the  exceptions  aforesaid,  and  the  citizens 
of  other  States  and  other  parts  of  the  United  States,  is  unlawful,  and 
will  remain  unlawful  until  such  insurrection  shall  cease  or  has  been 
suppressed,  and  notice  thereof  has  been  duly  given  by  Proclamation; 
and  all  cotton,  tobacco,  and  other  products,  and  all  other  goods  and 
chattels,  wares,  and  merchandise  coming  from  any  of  said  States,, 
with  the  exceptions  aforesaid,  into  other  parts  of  the  United  States, 
or  proceeding  to  any  of  said  States,  with  the  exceptions  aforesaid, 
without  the  license  and  permission  of  the  President,  through  the 
Secretary  of  the  Treasury,  will,  together  with  the  vessel  or  vehicle 
conveying  the  same,  be  forfeited  to  the  United  States  ; 


10 

And  the  act  of  Congress  "further  to  provide  for  the  collection  of 
duties  on  imports  and  for  other  purposes,  approved  July  13,  1861," 
having  authorized  said  Proclamation,  and  the  License  and  Regula-. 
tions  referred  to; 

And  the  act  of  Congress  supplementary  to  said  act  of  July  13,  1861, 
approved  May  20,  1862,  having  conferred  additional  powers  on  said 
Secretary,  and  prescribed  further  conditions  of  trade; 

And  the  act  of  Congress  approved  March  12.  1863,  entitled 
"  An  act  to  provide  for  the  collection  of  abandoned  property  and  for 
the  prevention  of  frauds  in  insurrectionary  districts  within  the  United 
States,"  having  declared 

"That  it  shall  be  lawful  for  the  Secretary  of  the  Treasury,  from 
and  after  the  passage  of  said  act,  as  he  shall  from  time  to  time  see 
fit,  to  appoint  a  special  agent  or  agents  to  receive  and  collect  all 
abandoned  or  captured  property  in  any  State  or  Territory,  or  any 
portion  of  any  State  or  Territory,  of  the  United  States  designated  as 
in  insurrection  against  the  lawful  government  of  the  United  States  by 
the  proclamation  of  the  President  of  July  1,  1862:  Provided,  That 
such  property  shall  not  include  any  kind  or  description  which  has 
been  used,  or  which  was  intended  to  be  used,  for  waging  or  carrying 
on  war  against  the  United  States,  such  as  arms,  ordnance,  ships, 
steamboats',  or  other  water  craft,  and  the  furniture,  forage,  military 
supplies,  or  munitions  of  war;" 

And  further,  "That  any  part  of  the  goods  or  property  received  or 
collected  by  such  agent  or  agents  may  be  appropriated  to  public  use 
on  due  appraisement  and  certificate  thereof,  or  forwarded  to  any 
place  of  sale  within  the,  loyal  States,  as  the  public  interests  may  re- 
quire, and  that  all  sales  of  such  property  shall  be  at  public  auction 
to  the  highest  bidder,  and  the  proceeds  thereof  shall  be  paid  into 
the  Treasury  of  the  United  States;" 

And  further,  "that  he  shall  cause  a  book  or  books  of  account  to  be* 
kept,  showing  from  whom  such  property  was  received,  the  cost  of 
transportation,  and  the  proceeds  of  the  sale  thereof;" 

And  further,  "that  any  person  claiming  to  have  been  the  owner  of 
any  such  abandoned  or  captured  property  may,  at  any  time  within  two 
years  after  the  suppression  of  the  rebellion,  prefer  his  claim  to  the 
proceeds  thereof  in  the  Court  of  Claims;  and  on  proof,  to  the  satis- 
faction of  said  court,  of  his  ownership  of  said  property,  of  his  right  to 
the  proceeds  thereof,  and  that  he  has  never  given  any  aid  or  comfort 
to  the  present  rebellion,  to  receive  the  residue  of  such  proceeds  after 
deducting  the  expenses  of  transportation  and  sale  of  said  property, 
and  any  other  lawful  expenses  attending  the  disposition  thereof;" 

And  further, ' '  that  it  shall  be  the  duty  of  any  officer  or  private  of  the 
regular  or  volunteer  forces  of  the  United  States,  or  any  officer,  sailor, 
or  marine  in  the  naval  service  of  the  United  States,  upon  the  inland 
waters  of  the  United  States,  who  may  take  or  receive  any  such 
abandoned  property,  or  cotton,  sugar,  rice,  or  tobacco,  from  persons 
in  such  insurrectionary  districts,  or  have  it  under  his  control,  to  turn 
the  same  over  to  an  agent  appointed  as  aforesaid,  who  shall  give  a 
receipt  therefor;  and  in  case  he  shall  refuse  to  do  so  he  shall  be 


11 

tried  by  a  court-martial,  and  punished  as  said  court  shall  order,  with 
the  approval  of  the  President  of  the  United  States;" 

And  the  Secretary  of  War  and  the  Secretary  of  the  Navy  having 
respectively  made  and  published  orders,  for  the  enforcing  of  said  acts; 

The  following  Regulations  are  prescribed  for  the  government  of  the 
several  Supervising,  Assistant,  and  Local  Special  Agents  and  Agency 
Aids,  appointed  to  carry  said  acts  and  the  Regulations  made  under ' 
them,  into  effect,  and  for  the  purpose  of  conducting  the  commercial 
intercourse  licensed  and  permitted  by  the  President,  and  preventing 
the  conveyance  of  munitions  of  war  and  supplies  to  insurgents,  or  to 
localities  declared  to  be  in  insurrection  against  the  United  States,  or 
in  such  quantities  that  there  will  be  imminent  danger  of  their  falling 
into  the  possession  or  under  the  control  of  insurgents;  and  are  pub- 
lished, together  with  the  Proclamations  and  License  of  the  President, 
the  several  acts  of  Congress,  and  the  Orders  of  the  Secretaries  of 
War  and  of  the  Navy,  for  the  information  of  parties  interested. 

All  officers  charged  with  the  execution  of  these  Regulations,  while 
using  necessary  vigilance  to  prevent  supplies  to  rebels,  either  directly 
or  by  undue  accumulation  at  points  where  there  will  be  imminent 
danger  of  their  falling  into  their  hands,  and  in  collecting  abandoned 
or  captured  property,  will  be  careful  to  occasion  as  little  inconve- 
nience as  possible  to  any  legitimate  trade  or  intercourse,  or  to  loyal 
people. 

S.  P.  CHASE, 
Secretary  of  the  Treasury. 

TREASURY  DEPARTMENT,  September  11,  1863. 


EXECUTIVE  MANSION, 

Washington,  September  11,  1863. 

The  following  Revised  Regulations  of  the  Secretary  of 
the  Treasury  having  been  seen  and  considered  by  me,  are 

hereby  approved. 

ABRAHAM  LINCOLN. 


TRADE  REGULATIONS 

PRESCRIBED  BY  THE  SECRETARY  OF  THE  TREASURY  FOR  THE  GOVERNMENT 
OF  THE  LIMITED  COMMERCIAL  INTERCOURSE,  LICENSED  BY  THE  PRESIDENT, 
BETWEEN  THE  CITIZENS  OF  LOYAL  STATES  AND  THE  INHABITANTS  OF 
STATES  AND  PARTS  OF  STATES  HERETOFORE  DECLARED  TO  BE  IN  INSUR- 
RECTION, AS  REVISED  AND  REPUBLISHED  SEPTEMBER  11,  1863. 


I.  The  States  and  parts  of  States  declared  to  be  in  insurrection, 

between  which  and  the  citizens  of  loyal  States  corn- 
Districts  created    mercial  intercourse  has  been  or  may  be  licensed  by  the 
AcenciesP6        President,  to  be  conducted  and  carried  on  in  pursuance 
of  Regulations  and  Rules  prescribed  by  the  Secretary 
of  the  Treasury,   are  hereby  divided   into  districts,   called  Special 
Agencies,   to  which  Supervising  Special  Agents,  appointed  by  the 
Secretary,  are  assigned. 

II.  The  Special  Agencies  are  distinguished  numerically;,  and  de- 

scribed as  follows: 

Special  Agencies        The  First  Special  Agency  comprises  the  district  of 
Sedandde~    the   United  States  west  of  the  Allegheny  mountains, 
known  as  the  Valley  of  the  Mississippi,  and  extending 
southward  so  as  to  include  so  much  of  the  States  of  Alabama,  Missis- 
sippi, Arkansas,  and  Louisiana,  as  is  or  may  be  occupied  by  national 
forces  operating  from  the  North. 

The  Second  Special  Agency  comprises  the  State  of  Virginia,  and 
so  much  of  the  State  of  West  Virginia  as  lies  east  of  the  Alleghany 
mountains:  also  the  territory  north  and  east  thereof,  from  which  trade 
is  carried  on  with  the  States  or  parts  of  States  declared  to  be  in  in- 
surrection. 

The  Third  Special  Agency  comprises  the  State  of  North  Carolina. 

The  Fourth  Special  Agency  comprises  the  States  of  South  Carolina. 
Georgia,  and  Florida. 

The  Fifth  Special  Agency  comprises  the  State  of  Texas  and 
so  much  of  the  States  of  Louisiana,  Arkansas,  Alabama,  and  Mis- 
sissippi as  is,  or  may  be,  within  the  lines  of  the  national  forces 
operating  from  the  South. 

Additional  Special  Agencies,  if  established,  will  be  numerically 
designated  in  the  order  of  their  establishment;  and  if  the  boundaries 
of  Agencies  already  established  shall  be  changed,  due  notice  thereof 
will  be  given. 


III.  Supervising  Special  Agents  will  supervise  within  their  re- 
spective Agencies  the  execution  of  these  Regulations; 
Supervising  Spe-    make  and  from  time  to  time  change  such  Local  Rules 
nake^  Local    no^   inconsistent  with  them,  as  may  be  proper  for  that 
Rules.  purpose,  and  temporarily  suspend  or  qualify  the  author- 

ity to  grant  Permits,  if  the  public  interest  shall  require 
it,  subject  to  the  approval  of  the  Secretary  of  the  Treasury;  and  they 
will  confer  with  Generals  commanding  Departments  and  Naval  Officers 
commanding  within  their  Agencies,  and  obtain,  as  far  as  practicable, 
their  sanction  to  such  action  as  may  affect  their  military  or  naval 
movements,  and  carefully  avoid  all  interference  with  military  or  naval 
operations  prosecuted  by  them. 

IY.  These  Regulations,  and  the  Local  Rules  prescribed  by  the  several 

Supervising  Special  Agents,  for  their  respective  Agen- 

Officers  by  whom   cies,  will  be  carried  into  effect  by   Assistant  Special 

Regulations,    Agents,  Local  Special  Agents,  and  Agency  Aids.     Lo- 

^iU^be^carried   ca^  Special  Agents  will  take  the  place  and  perform  the 

into  effect.         duties  of  the  Boards  of  Trade  heretofore   authorized. 

Assistant   Special   Agents   will  be  appointed   by  the 

Secretary  of  the  Treasury  ;  Local  Special  Agents  and  Agency  Aids 

will  be  appointed  by  the  Supervising  Special  Agents  or  Assistant 

Special  Agents,  as  under  Regulation  XXX,  subject  to  the  approval  of 

the  Secretary. 

V.  No  goods,  wares,  or  merchandise  will  be  allowed  to  be  trans- 

ported to,  from,  or  within  any  State  or  part  of  a  State 
under  restriction,  or  declared  in  insurrection,  except 
tation.  under  Permits,  Certificates,  and  Clearances,  as  herein- 

after provided. 

VI.  The  officers  of  the  Treasury  Department  authorized  to  grant 

Permits  to  Districts  in  States  or  parts  of  States  here- 
Officers  author-  tofore  declared  to  be  in  insurrection,  but  where  com- 
merc^  intercourse  has  been  or  may  be  licensed  by  the 
President  under  Regulations  of  the  Secretary  of  the 
Treasury, are  the  Surveyors  of  Customs  at  Pittsburg,Wheeling,  Cincin- 
nati, Madison,  Louisville,  New  Albany,  Evansville,  Paducah,  Cairo, 
Quincy,  St.  Louis,  Nashville,  Memphis,  and  Baltimore;  the  Collectors 
of  Customs  at  Philadelphia,  Georgetown,  Beaufort  in  North  Carolina, 
and  Port  Royal  in  South  Carolina  ;  and  the  Collector  of  Internal 
Revenue  at  New  Orleans.  Other  officers  will  be  designated  to  grant 
permits  should  the  public  interests  require  it;  and  no  permit  will  be 
granted  except  by  such  officers  as  shall  be  authorized  by  the  Secretary 
of  the  Treasury,  or  such  as  are  approved  by  him. 

VII.  Commercial  intercourse  with  localities  beyond  the  lines  of 

military  occupation  by  the  United  States  forces  is  strictly 
Intercourse  be-    prohibited  ;  and  no  permit  will  be  granted  for  the  trans - 
oTmi.itiryoc-    portation  of  any  property  to  any  place  under  the  con- 
cupation  pro-    trol  of  insurgents  against  the  United  States. 

hibited. 


15 

VIII.  No  clearance  or  permit  whatsoever  will  be  granted  for  any 

shipment  to  any  port  or  place  affected  by  the  existing 

No  clearance   or  blockade,  except  upon  the  request  of  the  Department 

aS  '  pforts10^x"  of  War'  or  the  Department  of  the  Navy,  either  directly 

cept  as  a  miii-  or  through  a  specially  authorized  officer,  addressed  to  the 

tary  necessity.     Secretary  of  the  Treasury,  or  to  some  officer  specially 

authorized  by  him,   accompanied  by  a  certificate  that 

the  articles  are  required  for  military  or  naval  purposes,  and  in  the 

manner  and  form  prescribed  by  Regulation  XXXII. 

IX.  The  several  Supervising  Special  Agents  within  their  respective 

Agencies  will,  after  conference  with  the  Generals  corn- 

Trade    districts,    manding  Departments,  when  possible,  and  with    their 

and  defined**    sanction,  unless  unavoidable  circumstances  prevent  the 

obtaining  of  it,  designate  by  known  geographical  boun- 
daries, or  by  enumeration  of  counties,  that  portion  of  the  territory 
included  in  their  Agencies,  respectively,  with  which  trade  may  be 
safely  permitted,  and  report  such  designation  to  the  Secretary.  The 
part  of  territory  so  designated  shall  be  called  the  Trade  District  ;  and 
no  transportation  of  goods,  except  as  hereinafter  provided,  shall  be 
permitted  beyond  the  lines  of  such  Trade  District. 

X.  If  it  shall  appear  that  beyond  the  lines  of  the  Trade  District. 

but  within  the  lines  of  national  military  occupation, 
Supply  districts,  there  is  some  territory  within  which  the  supply  of 
anT  defined6  necessaries  is  required  by  humanity  and  sound  policy, 
while  trade  cannot  yet  be  safely  re-established,  then 
the  Supervising  Special  Agents,  with  the  sanction  of  the  General  com- 
manding Department,  but  in  no  case  without  his  sanction,  and  subject 
to  revocation  or  modification  by  the  Secretary,  may  in  like  manner 
designate  the  portion  of  territory  in  their  respective  Agencies  to  which 
goods  may  be  properly  permitted  for  individual  and  family  supply, 
but  for  no  other  purpose.  The  territory  so  designated  shall  be  called 
the  Supply  District;  and  no  goods  shall  be  transported  thereto  for 
resale  except  as  provided  in  Regulation  XVIII. 

XI.  All  applications  for  permits  to  transport  goods  or  property 

under  these  Regulations  shall  state  the  character  and 

Applications  for    value  of  the  merchandise  to  be  transported,  the  place 

stateltS  B         *°  which  such  transportation  is  to  be  made,  the  names 

of  the  owner  or  purchaser,  and,  if  any,  of  the  shipper 

and  consignee  thereof,  and  the  number  and  description  of  the  pack- 

ages, with  the  marks  thereon. 

XII.  Every  applicant  for  a  permit  to  transport  goods,  wares,  or 

merchandise  into  or  within  any  place  or  section  where 


to    8UCh  transportation  may  be   permitted,  shall  present 
transport       with  his  application  the  original  invoices  of  the  goods, 
goods,  how    wares,  and  merchandise  to  be  transported,  and  shall  file 
with  the  officer  granting  the  permit  the  certificate  of 
the  Local  Special  Agent  authorizing  it,  if  any  be  necessary,  and  an 


16 

affidavit  that  the  names  of  the  owners,  the  quantities,  descriptions, 
and  values  of  the  merchandise,  are  correctly  stated  in  said  invoices, 
true  copies  of  which  shall  be  annexed  to  and  filed  with  the  affidavit; 
and  that  the  marks  on  the  packages  are  correctly  stated  in  the  appli- 
cation, and  that  the  packages  contain  nothing  except  as  stated  in  the 
invoices;  that  the  merchandise  so  permitted  shall  not,  nor  shall  any 
part  thereof,  be  disposed  of  by  him,  or  by  his  authority,  connivance, 
or  assent,  in  violation  of  the  terms  of  the  permit,  and  that  neither  the 
permit  so  granted  nor  the  merchandise  to  be  transported  shall  be  so 
used  or  disposed  of  by  him,  or  by  his  authority,  connivance,  or  assent, 
as  in  any  way  to  give  aid.  comfort,  information,  or  encouragement  to 
persons  in  insurrection  against  the  United  States.  All  affidavits  re- 
quired by  these  Regulations  or  by  Local  Rules  shall  be  taken  before 
a  Supervising,  Assistant  or  Local  Special  Agent,  or  some  other 
authorized  officer. 

XIII.  No  certificate  shall  be  given   by   a  Local  Special  Agent  in 
Certificate  of  Local     a  State  declared  in  insurrection,  for  purchase  of  goods 

Special  Agent,  to     for  resale,  except  to  parties  having  trade  stores  under 

whom  given,  and     authority  from  the  Supervising  Special  Agent,  or  As- 
no  permit  with-        .   ,  £,         -1A          fj      •  j    i        v  i, 

out    certificate      sistant   fepecial  Agent  designated   by  him,  as  here- 

except  for  fruits',  inafter  provided;  and  no  permit  shall  be  granted  to 
vegetables,  &c.  transport  merchandise  into  any  such  State,  unless 
authorized  by  such  certificate;  except  that  fresh  vegetables,  fresh 
fruits,  ice,  poultry,  eggs,  fresh  butter,  coal,  wood,  hay  and  other 
forage,  beef-cattle,  sheep,  hogs  and  household  goods  of  families 
moving,  may  be  permitted  by  the  officers  named  in  Regulation  VI, 
to  goto  any  not  blockaded  military  post,  fleet,  or  naval  vessel,  of  the 
United  States  forces,  without  such  certificate  but  under  careful  dis- 
cretion to  prevent  abuse  of  the  exception. 

XIV.  After  a  Trade  District  in  any  Agency  shall  be  designated, 
.  as  aforesaid,  persons  of  well-ascertained  loyalty,  de- 

Pthoritytocontinue  s^no  to  continue  or  establish  trade  stores  therein, 
or  establish  trade  may  make  application  in  writing  to  the  proper  Su- 
stores,  to  whom  pervising  Special  Agent,  or  to  such  Assistant  Special 
Agent  as  he  shall  designate  for  that  purpose,  set- 
ting forth  the  locality  of  the  proposed  trade  store,  and  will  make 
and  attach  to  such  application  an  affidavit  that  he  is  in  all  respects 
true  to  the  Government  of  the  United  States;  that  he  will  faithfully  con- 
form to  the  Proclamations  and  orders  of  the  President  of  the  United 
States  and  of  the  military  Governors  and  Generals  exercising  authority 
under  him,  and  to  Departmental  Regulations  authorized  by  law,  and 
that  he  will  at  all  times  by  his  conduct  and  conversation,  and  by  every 
other  means  he  can  properly  use,  aid  in  suppressing  the  rebellion  and 
restoring  obedience  to  the  constitution  and  laws  of  the  United  States. 
The  Supervising  Special  Agent,  or  the  officer  designated  by  him,  will 
inquire  into  the  character  of  the  applicant  and  circumstances  of  the 
•locality,  and  if  deemed  expedient  will  authorize  him  to  sell  at  said 
trade  store  an  amount  of  goods  per  month  specified  in  the  Authority, 


17 

A  copy  of  the  Authority  shall  be  filed  with  the  Local  Special  Agent 
nearest  the  trade  store,  who  shall  thereby  be  authorized  to  give  the 
Trader  certificates  amounting  in  the  aggregate  to  the  specified  monthly 
sum,  and  upon  which,  goods,  wares,  and  merchandise  not  prohibited  by 
Regulations  or  Local  Rules  may  be  permitted  by  the  proper  Collector 
or  Surveyor  to  be  transported  to  such  trade  store.  Great  care  will  be 
exercised  by  the  Supervising  Special  Agent,  and  Assistant  Special 
Agent  designated  by  him,  to  so  limit  the  number  of  stores  and  quanti- 
ties of  goods  to  be  permitted  as  to  prevent  undue  accumulation  of  sup- 
plies at  such  stores;  and  every  Trader,  before  receiving  his  Authority, 
shall  be  required  to  execute  a  bond  to  the  United  States  in  a  penalty, 
and  with  sureties  to  be  approved  by  the  Agent  granting  the  Au- 
thority, conditioned  that  he  will  not  transport  goods  to  any  place 
other  than  to  said  trade  store,  or  engage  directly  or  indirectly  in  any 
prohibited  trade;  and  that  no  part  of  the  goods  transported  by  him 
shall,  with  his  knowledge  or  assent,  or  by  his  connivance,  be  so  used 
or  disposed  of  as  to  give  aid  or  encouragement  to  the  insurgents; 
and  also  conditioned  that  no  military,  naval,  or  civil  officer  or  person 
prohibited  by  law  or  by  order  of  the  President,  or  of  military  or 
naval  commanders  having  proper  authority,  from  being  interested  in 
the  property  purchased  or  sold  by  him,  shall  be  so  interested  therein. 

XV.    Authorized  Traders,  (except  in  the  cities  of  Memphis  and 
Authorized   tra-    Nashville   and  such  other  cities  or  towns  as  may  be 
ders    not     to    hereafter  designated  by  the  Secretary  of  the  Treasury, 
wholesale,  ex-    with  the  concurrence  and  approval  of  the  General  com- 
°^*  "*  ^Ie"      manding  Department,)  shall  not  sell  goods  to  others  to 
ville.  To  keep    be  resold  by  them;  but  shall  sell  only  to  persons  for 
true   accounts    their  own  individual,  family,   or  plantation  use,  upon 
and    file   and    presentation  of  the  permit  for  transportation  thereof 
perg6"  Penalty    °f  the  proper  Local  Special  Agent,  as  provided  in  Regu- 
for     violating    lations  XVI  and  XVII.     In  Memphis,  Nashville,  and 
Regulations  or    other    cities    after   designation    as   above,   authorized 
e8'       traders  may  sell  goods  to  other  traders  for  purpose  of 
resale, upon  the  certificate  of  the  proper  Local  Special  Agent.    Persons 
and  families  residing  in  Memphis,  Nash  ville,  and  other  cities  after  desig- 
nation thereof  as  above,  may  purchase  supplies  for  their  own  consump- 
tion at  any  trade  store  therein  without  any  permit  or  certificate;  but 
goods  so  sold  shall  not  be  transported  out  of  said  cities,  except  under 
permit  of  the  proper  officer,  to  be  issued  only  upon  the  certificate  of 
the  Local  Special  Agent,  as  provided  in  Regulation  XVI.    All  author- 
ized Traders  shall  keep  true  accounts  of  all  their  sales,  with  the  name 
and  residence  of  each  purchaser,  and  the  date  and  amount  of  every  sale, 
and  shall  file  and  preserve  all  cancelled  permits  under  which  goods  have 
been  transported,  and  copies  of  all  permits  under  which  sales  have  been 
made;  and  their  books,  in  voices,  accounts,  cancelled  permits,  and  copies 
of  permits,  shall  be  open  to  inspection  of  the  Supervising  Special  Agent, 
or  Assistant  Special  Agents  under  his  direction.     If  any  such  Trader 

2c 


18 

shall  violate  any  Regulation  or  Local  Rule,  liis  Authority  shall  be  re- 
voked by  the  Supervising  Special  Agent,  or  Assistant  Special  Agent 
by  him  designated,  and  said  revocation  reported  to  the  Secretary, 
and  his  stock  in  trade  seized  and  forfeited  to  the  United  States. 

XVI.  The  purchase  and  transportation  of  individual,  family,  and 

plantation  supplies  may  be  permitted  by  a  Local  Special 
WS^cial  A^nts    Agent,  from  any  trade  store  in  that  part  of  a  Trade  Dis- 
may    permit    trict  for  which  he  is  appointed   to   the   home  of  the 
supplies,   anl    applicant  therein,  upon  application  to  him  by  the  head 
on  what   con-      f  ^Q  famjj.T  or  such  other  person  as  shall  be  authorized 

(mums.  11-  •         «  ••  •  i     i       i  T 

by  him  or  her  in  writing  :  provided,  that  the  applicant 
shall  make  affidavit,  and  the  agent  shall  be  satisfied,  that  the  supplies 
applied  for  are  necessary  for  the  use  and  consumption  of  such  person 
or  family  during  the  two  months  next  ensuing  the  date  of  the  affida- 
vit; that  no  part  thereof  will  be  sold  or  otherwise  disposed  of  by  him  or 
her,  or  by  his  or  her  assent,  except  for  use  of  sucli  person  or  family;  and 
that,  to  the  best  of  his  or  her  knowledge  and  belief,  no  application  has, 
been  made  for  any  permit  for  the  same  or  like  supplies  to  any  other 
officer  or  Agent,  and  that  no  supplies  for  the  period  mentioned  have 
been  or  are  expected  to  be  otherwise  obtained;  and  no  one  person 
shall  be  recognized  as  representing  more  than  six  families. 

Such  transportation  may  also  be  permitted  by  any  authorized  Col- 
AutLorized  Col-    lector  or  Surveyor  out  of  the  District  for  which  the  Local 
lectoi  andsur-    Special  Agent  is  appointed,  upon   his  certificate   and 
veycrmayalso    recommendation,  granted  upon  the  same    application 
wTn'aT  on    and  affidavit  as  above  required, 
what      condi- 
tions. 

XVII.  Persons  or  families  residing  without  the  lines  of  the  Trade 

District,  but  within  the  lines  of  a  Supply  District,  may 
Conditions  upon    procure  supplies  on  the  certificate  of  the  nearest  Local 
which  parties    Special  Agent   that  the  supplies  specified  therein  are 
trict8Pnvf  ^b-    necessary  for  the  use  and  consumption  of  such  person 
tain  supples,     or  family  for  a  period  of  time  not  exceeding  the  month 
ensuing.     All  applications  for  such  certificate  must  be 
made  personally  to  the  proper  Local  Special  Agent  by  such  person, 
or  a  member  of  such  family,  or  other  person  authorized  by  the  head 
of  the  family;  and  the  applicant  shall  make  and  file  with  him  an  affi- 
davit that  the  supplies  applied  for  are  necessary  for  the  use  and  con- 
sumption of  the  person  or  family  for  the  time  specified,  not  exceed- 
ing one  month  next  ensuing;  that  no  part  thereof  will  be  sold  or 
otherwise  disposed  of  by  him  or  her,  or  by  his  or  her  assent,  except 
for  the  use  of  such  person  or  family,  and  that  to  the  best  of  his  or  her 
knowledge  and  belief  no  application  has  been  made  for  the  same  or 
like   supplies  to  any   other  officer  or  Agent,  and  that  no  supplies 
for  the  period  mentioned  have  been  or  are  expected  to  be  otherwise 
obtained;   and  no  person  shall  be  recognized  as  representing  more 
than   six  families.     The  certificate  so  obtained  must  be  presented 


19 

to  the  nearest  Collector  or  Surveyor,  who,  upon  being  satisfied  that 
it  has  been  properly  granted,  will  issue  a  permit  to  the  holder  for 
the  transportation  of  the  articles  specified  therein;  but  in  cases  where 
the  supplies  are  purchased  at  a  trade  store,  and  there  is  no  authorized 
Collector  or  Surveyor  within  five  miles  thereof,  the  Local  Special  Agent 
nearest  to  such  trade  store  may  grant  such  permit,  retaining  the  cer- 
tificate and  delivering  the  permit  to  the  applicant.  Except  in  cases 
mentioned  in  this  Regulation  and  Regulation  XVI,  no  permit  will  be 
granted  by  any  Local  Special  Agent. 

XVIII.  Upon  the  request  of  the   General  commanding   Depart- 
When  trade  store    ment>  .the    Proper   Supervising    Special    Agent  may 

may  be  author-    authorize   the    establishment    of  one   or  more  trade 

ized  in  Supply    stores  in  any  city  or  town  of  a  Supply  District,  under 

the  same  Regulations  as  trade  stores  are  established  in 

Trade   Districts,  and  subject  to  military  orders  ;  but  the  Authority 

to  establish  any  such  store  may  be  revoked,  and  the  store  discontinued 

by  the  Supervising  Special  Agent  whenever  the  public  interest  may 

require  it. 

XIX.  After  any  Trade  or  Supply  District  shall  have  been  estab- 

lished, loyal  and  well-disposed  persons  residing  therein 
When  products    mav  bring  their  products  to  market,    unless  prohibited 
brought      to    by  Regulation,  Rule,  or  military  order,  and  may  be  per- 
market,    and    mitted  by  the  proper  Collector  or  Surveyor,  on  payment 
on  what  con-    Of  prescribed   fees,  to   sell  the   same  for  money  other 
pHesTmay^be    *nan  £°^  or  s^ver>  an(^  to  take  back  to  their  respective 
taken  home.      homes  so  much  of  the  proceeds  of  products  so  sold  in 
individual,    family,  or  plantation  supplies,  as  shall  be 
certified  by  the  Local  Special  Agent  nearest  to  the  residence  of  such  per- 
son to  be  necessary  for  the  use  or  consumption  of  the  individual,  fam- 
ily, or  plantation,  for  a  period  not  exceeding  two  months  next  ensuing, 
if  residing  within  the  limits  of  a  Trade  District,  or  one  month  if  within 
the  limits  of  a  Supply  District;  and  any  attempt  to  take  back  more 
than  the  quantity  so  certified  will  debar  the  party  all  further  privilege 
to  bring  products  to  market  or  to  trade. 

XX.  All  proper   and  loyal  persons  may  apply  in  the  prescribed- 

form  to  the  proper  Supervising  Special  Agent,   or  an 
Products  may  be    Assistant  Special  Agent  designated  by  him,  for  authority 
derfrSnbed    to  purchase,  for  money  other  than  gold  or  silver,Aany 
conditions.        the  products  of  the  country  within  the  lines  of  Na- 
tional  military  occupation  in  his  Agency,  except  when 
prohibited  by  order  of  the  General  commanding  Department  or  other  / 
special  military  order,  and  to  transport  the  same  to  market;  and — on 
making  and  filing  with  such  Agent  an  affidavit,  in  the  prescribed  form, 
and  executing  a  bond  with  penalty  and  sureties  to  be  approved,  by 
said  Agent,  and  conditioned  that  he  will  pay  or  secure  all  fee*  re- 
quired  by  Regulations,  that  he   will  not   purchase   products  at  any 
place  other  than  that  named  in  the  Authority,  or  engage  directly  or 


20 

indirectly  in  prohibited  trade,  and  that  no  military,  naval,  or  civil 
officer  or  person  prohibited  by  law  or  by  order  of  the  President,  or 
of  military  or  naval  commanders  having  proper  authority, "from  being 
interested  in  the  property  purchased  by  him,  shall  be  so  interested 
therein — the  Supervising  Special  Agent,  or  Assistant  Special  Agent  de- 
signated by  him,  if  he  deems  it  expedient,  may  authorize  the  proper 
officer  to  permit,  on  payment  or  security  of  the  prescribed  fees,  the 
purchase  and  transportation  of  products  as  applied  for,  except  arti- 
cles prohibited.  Upon  presentation  of  such  Authority  to  any  officer 
named  in  Regulation  VI,  he  may  issue  a  permit  for  the  purchase,  trans- 
portation and  sale  of  products  specified,  in  pursuance  of  the  terms 
of  the  Authority  ;  but  before  delivering  it,  he  will  require  the  pre- 
scribed fees  to  be  paid,  or  a  bond  therefor  to  be  executed  to  the 
United  States  with  penalty,  and  sureties  approved  by  him,  condi- 
tioned that  the  fees  for  each  shipment  made  under  the  permit  shall 
be  paid  to  him  or  some  other  proper  officer  at  the  time  or  within  ten 
days  after  such  shipment  shall  be  made;  and  that  immediately  after  the 
making  of  any  shipment  by  land  or  water  under  the  permit,  notice  of 
such  shipment  shall  be  forthwith  given  to  the  officer  issuing  the  permit, 
which  notice  shall  specify  the  date  and  place  of  shipment,  and  contain  or 
be  accompanied  by  a  description  of  the  property  and  the  marks  thereon, 
and  a  statement  of  its  destination  and  the  route  thereto;  and  that  upon 
its  arrival  at  any  port  where  there  is  an  officer  of  customs,  a  similar 
report  shall  be  forthwith  made  to  him.  If  any  person  obtaining  a  per- 
mit, and  paying  the  fees  therefor,  shall  purchase  or  transport  no 
merchandise  under  the  same  or  a  less  quantity  than  is  permitted,  the 
fees  paid,  or  the  proper  proportion  thereof,  shall  be  refunded  on  appli- 
cation and  due  showing  to  the  proper  Supervising  Special  Agent. 

Any  neglect  on  the  part  of  the  person  permitted  to  purchase  and 
transport,  or  of  any  one  acting  for  him,  to  comply  with  Regulations  and 
Local  Rules,  or  with  the  conditions  of  the  bond  to  the  permit  officer, 
shall  work  immediate  forfeiture  of  all  rights  under  the  Authority  or 
permit,  and  any  property  purchased  or  transported  under  the  same 
after  such  neglect  shall  be  forfeited  to  the  United  States. 

XXL  Every  permit  to  purchase  or  sell  cotton,  tobacco,    or  other 
merchandise  within  any  place  or  section  in  a  State  here- 
°whk'hpennite    tofore  declared  in  insurrection,  after  commercial  inter- 
to     purchase    course  therewith  shall  have  been  permitted  by  the  Sec- 
products  may    retary  of  the  Treasury,  and  every  permit  to  transport 
the  same  thereto,  therein,   or  therefrom,  shall  clearly 
define  the  character  and  quantity  of  the  merchandise  so  permitted  to 
be  sold,  purchased,  or  transported,  and  the  place  or  section  within 
which  the  same  may  be  purchased  or  sold,  and  to  and  from  which  the 
same  may  be  transported  ;  and  each  person  shall,  before  receiving- 
such  permit,  make  affidavit  that  he  is  in  all  respects  loyal  and  true  to 
the  government  of  the  United  States:  that  he  will  faithfully  conform 
to  the  Proclamations  and  orders  of  the  President  of  the  United  States, 
and   of  the  Military   Governors  and   Generals  exercising  authority 
under  him,  and  to  Departmental  Regulations  authorized  by  law;  and 
that  he  will  at  all  times,  by  his  conduct  and  conversation,  and  by 


21 

every  other  means  he  can  properly  use,  aid  in  suppressing  the  rebel- 
lion and  restoring  obedience  to  the  Constitution  and  laws  of  the 
United  States. 

XXII.  All  transportation  of  coin  or  bullion  to  any  State  or  section 

heretofore  declared  to  be  in  insurrection  is  absolutely 
;  Prohibited,   except  for  military  purposes,   and   under 
coin  or  bullion  military  orders,'  or  under  the  special  license   of  the 
strictly  prohib-  President.     And  no  payment  of  gold  or  silver  or  foreign 
bills  of  exchange    shall  be  made  for  cotton  or  other 
merchandise  within  any  such  State  or  section.     All  cotton  or  other 
merchandise  purchased  in  anyu  such  State  or  section,  to  be  paid  for 
therein,  directly  or  indirectly,  in  gold  or  silver,  or  foreign  bills  of 
exchange,  shall  be  forfeited  to  the  United  States. 

XXIII.  Authorities  to  purchase  products,  unless  renewed,  and  all 
Certificates  of  Local  Special  Agents  recommending  permits  for  trans- 
portation, shall  expire  thirty  days  after  date.     Permits 

revocation ofTu-  ^or  transportation  shall  expire  ten  days  after  date;  and 
tborities,  certifi-  all  authorities,  certificates,  and  permits,  will  be  liable  to 
cates,  and  per-  revocation  by  the  Secretary  of  the   Treasury,  or  the 
proper  Supervising  Special  Agent,  as   the  public  in- 
terests may  require. 

XXIY.  Permits  will  be  granted  to  Sutlers  to  transport  to  the  regi- 
ments sutlered  by  them  such  articles  as  they  are  au- 
Sutiers'  permits,    thorized  to  sell,  free  of  the  five  per  cent,  fee;  but  no  per- 
andupontbut    mit  wil1  be  granted  to  a  Sutler  except  on  presentation 
conditions.         to  the  proper  permit  officer  of  the  original  certificate 
of  his  appointment  from  the  commanding  officer  of  his 
regiment,  countersigned  by  the  Division  commander  thereof,  and  an 
application    and    affidavit    in   the  form  prescribed.     Transportation 
shall  not  be  permitted  to  any  Sutler  for  an  amount  of  goods  exceed- 
ing $2,500  per  month:  nor  for  over  two  months  supply  at  onetime; 
nor  for  any  goods  except  such  as  he  is  by  law  and  War  Department 
orders  allowed  to  deal  in. 

XXV.     Supplies   and   other   property  belonging    to   the   United 
Supplies  moving    States  for  the  use  of  the  army  or  navy,  moving    under 
under  military    military  or  naval  orders,  are  excepted  from  the  opera- 
orders  or  un     tion  of  these  Regulations.     Supplies   for  the  army  or 
navy,    furnished    under    contract,    will    be    permitted 
free  of  charge,  upon  the  certificate  of  the  proper  military  or  naval 
officer  that  such  supplies  are  required  and    are  to   be   shipped    in 
fulfilment  of  an  actual  existing  contract  with  the  government. 

XXYI.   In  order  to  prevent,  under  the  pretence  of  legitimate  trade, 

E      .     ,     „       the  conveyance  of  supplies  which  there  is  reason  to  be- 

tikts,  notde-    lieve  are  ultimately  intended  for  persons  in  rebellion 

clared  in  in-    against  the  government,  or  for  places  under  the  con- 

8Uu-'eutlon'  1°    trol  of  insurgents,  and  to  prevent  undue  accumulation 

WlllCll        2TOOGS 

must  be  per-    °f  goods  at  points  in  dangerous  proximity  to  districts 
mitted.  under  control  of  insurgents,  transportation  of  any  goods, 


22 

wares,  or  merchandise,  without  the  permit  of  a  duly  authorized 
officer  of  this  Department,  is  prohibited  to  an}'  place  on  the  south 
side  of  the  Potomac  River,  or  to  any  place  on  the  north  side  of  the 
Potomac  and  south  of  the  Washington  and  Annapolis  railroad,  or  on 
the  eastern  shore  of  the  Chesapeake,  or  on  the  south  side  of  the  Ohio 
River  below  Wheeling;,  except  Louisville;  or  on  the  west  side  of  the 
Mississippi  River  below  the  mouth  of  the  Des  Moines,  except  St. 
Louis. 

XXVII.  Permits  for  shipment  of  goods  into  districts  or  places  with 

which  commercial  intercourse  is  restricted,  but  which 
Conditions  upon     ,  ,    ,  jii.ii'-  j.-  i 

which   goods    have  not  been  declared  to  be  m  insurrection,  may  be 

to  restricted  granted  by  Collectors  or  Surveyors  of  customs,  or  other 
districts  may  specially  authorized  officers  of  the  Department  located 
near  the  point  of  destination,  in  conformity  with  Regu- 
lations and  local  rules;  and  Collectors  or  Surveyors  at  any  other 
port  or  place,  when  applied  to  by  parties  wishing  to  make  ship- 
ments into  such  districts  or  places,  if  satisfied  of  the  loyalty  of 
such  parties  and  the  good  faith  of  the  proposed  transaction,  may 
furnish  certificates  to  that  effect,  which  will  be  received  as  suffi- 
cient evidence  on  those  points  by  the  Collector,  Surveyor,  or  other 
proper  officer  near  the  point  of  destination,  to  whom  application  for 
permits  will  be  made  by  the  shipper,  and  by  whom,  on  compliance 
with  Regulations  and  Local  Rules,  such  permits  will  be  granted  ;  and 
all  questions  of  detention  or  seizure  of  goods  en  route  to  points  above 
indicated  will  be  decided  by  the  Collector  or  Surveyor  at  the  last  port 
to  be  passed  before  entering  a  restricted  district.  Any  information 
touching  the  character  of  any  goods  or  transaction  in  the  possession 
of  any  officer  of  this  Department  likely  to  be  useful  in  such  decisions 
should  be  promptly  forwarded  to  the  officer  on  whom  rests  the  de- 
cision or  who  grants  the  permit,  and  also  to  the  Secretary. 

XXVIII.  No  vessel,  boat,  or  other  vehicle,  used  for  transportation 

from  any  place   in  the  loyal  States,  shall  carry  goods, 

No    vessel   or  wares,  or  merchandise  into  any  place,  section,  or  State 

shalr  ^carr*3  no^  declared  in  insurrection,  but  with  which  commercial 

goods  into.or  intercourse  has  been  or  may  be  restricted,  without  the 

put  off  goods  permit  of  a  duly  authorized  officer  of  the  Treasury  De- 

m,  restricted  partment,  application  for  which  permit  may  be  made  to 

districts  with-  .                         *     a>                                               r  j \     ±-      A- 

out  permit.  such  authorized  omcer  near  the  point  oi  destination  as 

may  suit  the  convenience  of  the  shipper.  Nor  shall  any 
vessel,  boat,  or  other  craft,  or  vehicle  used  for  transportation,  put  off 
any  goods,  wares,  or  merchandise,  at  any  place  other  than  that  rfamed 
in  the  permit  or  clearance  as  the  place  of  destination  of  such  goods, 
wares,  and  merchandise. 

XXIX.  Before  any  boat  or  vessel  running  on  an}-  of  the  western 

waters  south  of  Louisville  or  St.  Louis,  or  other  waters 
°ern  ^waters  witnin  or  adjacent  to  any  State  or  section  commercial 
must  present  intercourse  with  which  now  is,  or  may  hereafter  be,  re- 
manifest  and  stricted  as  aforesaid,  shall  depart  from  any  port  where 

there  is  a  collector  or  surveyor  of  customs,  there  shall 


23 

be  exhibited  to  the  collector  or  surveyor,  or  such  other  officer  as 
maybe  authorized  to  act  in  .his  stead,  a  true  manifest  of  its  entire 
cargo,  and  a  clearance,  obtained  to  proceed  on  its  voyage;  and  when 
freights  are  received  on  board  at  a  place  where  there  is  no  Collector 
or  Surveyor,  as  hereinafter  provided  in  Regulation  XXX,  then  the 
same  exhibit  shall  be  made  and  clearance  obtained  at  the  first  port 
to  be  passed  where  there  is  such  an  officer,  if  required  by  him,  and 
such  vessel  or  boat  shall  be  reported  and  the  manifest  of  its  cargo  ex- 
hibited to  the  collector  or  surveyor  of  every  port  to  be  passed  on  the 
trip  where  there  is  such  an  officer,  if  required  by  him;  but  no  new 
clearance  shall  be  necessary  unless  additional  freights  shall  have  been 
taken  on  board  after  the  last  clearance.  Immediately  on  arriving  at 
the  port  of  final  destination,  and  before  discharging  any  part  of  the 
cargo,  the  manifest  shall  be  exhibited  to  the  Surveyor  of  such  port, 
or  other  officer  authorized  to  act  in  his  stead,  whose  approval  for 
landing  the  cargo  shall  be  indorsed  on  the  manifest  before  any  part 
thereof  shall  be  discharged;  and  the  clearance  and  shipping  permits 
of  all  such  vessels  and  boats  shall  be  exhibited  to  the  officer  in  com- 
mand of  any  Naval  vessel  or  military  post  whenever  such  officer  may 
require  it. 

XXX.  To    facilitate   trade,   and  guard  against   improper    trans- 

portation, Agency  Aids  will  be  appointed  by  the  proper 
Agency  Aids  will    Supervising  Special  Agent,  or  under  his  direction  by  an 
on    cars>mand    Assistant  Special  Agent,  from  time  to  time,  on  cars,  ves- 
boats.  sels,   and   boats,   when  desired  by  owners,   agents,  or 

masters  thereof,  which  Aids  will  have  free  carriage 
on  the  respective  cars,  vessels,  and  boats  on  which  they  are  placed, 
and  will  allow  proper  way  freights  to  be  taken  on  board  without  per- 
mit, keeping  a  statement  thereof,  and  reporting  the  same  to  the  first 
officer  to  be  passed  on  the  trip  who  is  authorized  to  grant  the  permit 
desired,  from  whom  a  permit  therefor  must  be  obtained,  or  the  goods 
shall  be  returned  to  the  shipper  under  his  direction.  No  permit 
will  be  granted  for  transportation  into  or  within  any  State  or  district 
under  restriction,  or  declared  in  insurrection,  except  on  cars,  vessels, 
and  boats  carrying  such  Aids,  or  by  private  conveyance  specified  in 
the  permit,  or  on  boats,  vessels,  or  cars  bonded  not  to  receive  any- 
thing on  board  for  transportation  during  the  trip,  nor  to  land  or  dis- 
charge anything  at  any  point  except  that  of  ultimate  destination 
without  proper  permit. 

XXXI.  Boats    and   vessels  may  be  cleared,  and  merchandise  not 
Conditions     on    Pr°hibited  mav  be  permitted,  from  any  port  which  has 

which    clear-    not  been  blockaded  to  any  port  which  has  been  block - 
ances  and  per-    aded  but  opened  by  proclamation,  upon  payment  of  such 

mits  may  be    feeg  on]v  as  were  chargeable  therefor  before  the  block- 
obtained  from        ,  •/11         ,,  ,.  _.         ,,.  Tr 
port  not  block-    ?-de  was  declared,  but  subject  to  Regulations  XXXV, 

aded  to  port    XXXVI,   XXXVII,   XXXVIII,  XXXIX,  and  XL,  and 

opened       by    Up0n  giving  bond  not  to  land  or  discharge  any  of  such 

merchandise  at  any  intermediate  point,  except  under 

permit  authorized  by  these  Regulations.     But  no  goods,  wares,  or 


24 

merchandise  shall  be  shipped  or  transported  from  or  out  of  such 
opened  port,  except  under  permits  granted  upon  compliance  with 
Regulations  and  Local  Rules,  and  payment  of  the  fees  prescribed  in 
Regulation  XLII. 

XXXII.  Applicants  for  permits  to  ship  to  any  port  or  place  affected 

by  the  existing  blockade,  but  occupied  by  United  States 
AWSmUsM  fto  f°rces>  must  present,-  with  their  application,  a  certifi- 
blockaded  cate  from  the  Department  of  War,  or  Department  of 
ports,  how  the  Navy,  either  directly  or  through  a  duly  authorized 
officer,  that  the  articles  are  required  for  military  or 
naval  purposes,  and  a  request  that  the  transportation  of  the  same 
may  be  permitted,  together  with  invoices  in  duplicate  of  the  articles 
to  be  permitted,  specifying  their  character,  quantity,  value,  and 
destination.  On  receiving  such  certificate  and  request  and  duplicate 
invoices,  the  Secretary  of  the  Treasury,  or  some  officer  specially 
authorized  by  him,  will  transmit  to  the  proper  officer  one  of  the  in- 
voices, and  direct  the  permitting  of  the  transportation  requested,  and 
forward  the  other  invoice  to  the  Assistant  or  Local  Special  Agent  at 
the  port  or  place  to  which  the  goods  are  to  be  permitted.  The  As- 
sistant or  Local  Special  Agent  will,  in  all  cases,  on  the  arrival  of  any 
articles  claimed  to  have  been  permitted,  examine  and  compare  such 
articles  with  the  duplicate  invoice;  and  in  case  of  any  excess  or  eva- 
sion of  the  permit,  he  will  seize  the  whole  shipment,  and  report  the 
facts  forthwith  to  the  Supervising  Special  Agent,  that  proceedings 
may  be  taken  for  their  forfeiture  under  the  act  of  July  13,  1861, 
May  20,  1862,  and  March  12,  1863. 

XXXIII.  Where  ports  heretofore  blockaded  have  been  opened  by 
Li          ma   be    ^e    proclamation   of  the   President,    licenses  will  be 

granted  by  con-    granted  by  the  United  States  Consuls,  on  application 
suis  to  block-    by  the  proper  parties,  to  vessels  clearing  from  foreign 
d  ports  re-    pOrts  to  the  ports  so  opened,  upon  satisfactory  evidence 
that  the  vessel  so  licensed  will  convey  no  person,  prop- 
erty, or  information  contraband  of  war,  either  to  or  from  said  ports, 
which  license  shall  be  shown  to  the  Collector  of  the  port  to  which  the 
vessel  is  bound,   and,   if  required,   to  any  officer   in   charge  of  the 
blockade.     And  on  leaving  any  port  so  opened,  the  vessel  must  have 
a  clearance  from  the  Collector,  according  to  law,  showing  no  viola- 
tion of  the   conditions  of  the   license.     Any  violation  of  the   condi- 
tions will  involve  the  forfeiture  and  condemnation  of  the  vessel  and 
cargo,  and  the  exclusion  of  all  parties  concerned  from  entering  the 
United  States  for  any  purpose  during  the  war. 

XXXI V^.  Vessels  clearing  from  domestic  ports  to  any  of  the  ports  so 

Clearances  from    °Pened  will  apply  to  the   custom-house  officers  of  the 

domestic  ports    proper   ports,    in    the    usual   manner,  for   licenses    or 

may  be  grant-    clearances  under  the  Regulations  heretofore  established, 
ed. 


25 

XXXY.  Whenever  application  is  made  to  a  Collector,  or  Surveyor 
authorized  to  grant  it,  for  a  permit,  license,  or  clearance, 

Bonds  maybe  re-    f     ejtner  a  foreign  or  domestic  port,  if  for  satisfactory 
quired    in  cer-  ,     .,   "  » 

tain  cases.  reasons  he  shall  deem  it  necessary  to  prevent  the  cargo 

of  the  vessel  from  being  used  in  affording  aid  or 
comfort  to  any  person  or  parties  in  insurrection  against  the  authority 
of  the  United  States,  he  shall  require  a  bond  to  be  executed  by  the 
master  or  owner  of  the  vessel,  in  a  penalty  equal  to  the  value  of  the 
cargo,  and  with  sureties  to  the  satisfaction  of  such  Collector  or  Sur- 
veyor, conditioned  that  the  said  cargo  shall  be  delivered  at  the  des- 
tination for  which  it  is  cleared  or  permitted,  and  that  no  part  there- 
of shall  be  used  in  affording  aid  or  comfort  to  any  person  or  parties 
in  insurrection  against  the  authority  of  the  United  States,  with  the 
knowledge  or  consent  or  connivance  of  the  owner  or  shipper  thereof, 
or  with  the  knowledge,  consent,  or  connivance  of  the  master  of  the 
vessel  on  which  the  same  may  be  laden,  or  of  other  persons  having  con- 
trol of  the  same,  until  after  delivery  to  the  proper  consignee,  and 
the  sale  or  other  disposition,  by  him  in  good  faith,  of  said  cargo. 

XXXVI.  Collectors   and   Surveyors   will    refuse    clearances    and 

permits   to   all   vessels,    or   other  vehicles,    whether 
'   with    or   without   cargo,    destined   for  a   foreign    or 

reiui«eu   m    cer-  .  c. 

tain  cases.  domestic  port,  whenever  they  shall  have  satisfac- 
tory reason  to  believe  that  such  vessels  or  their  cargoes,  or  any 
part  thereof,  whatever  may  be  their  ostensible  destination,  are  in- 
tended for  ports  or  places  in  possession  or  under  control  of  insur- 
gents against  the  United  States.  And  if  any  vessel  or  other  vehicle 
for  which  a  clearance  or  permit  shall  have  been  refused  as  afore- 
said shall  depart,  or  attempt  to  depart,  for  a  foreign  or  domestic 
port,  without  being  duly  cleared  or  permitted,  such  Collector,  or  Sur- 
veyor, or  the  Supervising  Special  Agent,  or  Assistant 
Vessels  may  be  Special  Agent,  shall  cause  such  vessel  or  vehicle  to  be 
seized  and  detained,  and  proceedings  to  be  instituted 
for  the  forfeiture  to  the  United  States  of  such  vessel  or  other  vehicle, 
with  her  tackle,  apparel,  furniture,  and  cargo. 

XXXVII.  When  any  Collector,  Surveyor,  Supervising,  Assistant,  or 

Local  Special  Agent,  charged  with  the  execution  of 
Merchandise,  m  ^iese  Regulations,  and  the  laws  authorizing  them,  shall 

whatever  local-      ..     ,         .  .y5-         i  •  ,. 

ity,    liable    to    hnd    within    his    proper     limits    any  goods,    wares, 
reach     insuig-    or    merchandise  which,    in    his    opinion,   founded  on 

*nts   owner  to    satisfactory  evidence   in  writing,    are  in    danger   of 
give  bond.  ,     .  J  •,   .  "  .  •       A.I. 

being  transported  to  insurgents,    he  may  require  the 

owner  or  holder  thereof  to  give  reasonable  security  that  they  shall  not 

be  transported  to  any  place  under  insurrectionary  control,  and  shall 

not  in  any  way  be  used  to  give  aid  or  encouragement  to  the  insurgents. 

Tf  .  If  the  required  security  be  not  given,  such  officer 

given,  goods  to    shall    promptly  state  the  facts  to  the  United  States 

be  taken  pos-    marshal  for  the  district  within  which  such  goods  are 

session  of.  situated;  or  if  there  be  no  United  States  marshal,  then 


26 

to  the  commander  of  a  near  military  post,  whose  duty  it  shall  be  to 
take  possession  thereof,  and  hold  them  for  safe-keeping,  reporting 
the  facts  promptly  to  the  Secretary  of  the  Treasury,  and  awaiting 
instructions. 

XXXVIII.  No  clearance  or  permit  will  be  granted  for  the  shipment 
of  prohibited  articles,  viz  :  cannon,  mortars,  fire-arms, 

Prohibited  arti-  pistols,  bombs,  grenades,  powder,  saltpetre,  sulphur, 
balls,  bullets,  pikes,  swords,  boarding-caps,  (always 
excepting  the  quantity  of  the  said  articles  which  may  be  necessary 
for  the  defence  of  the  ship  and  of  those  who  compose  the  crew,)  sad- 
dles, bridles,  cartridge-bag  material,  percussion  and  other  caps,  cloth- 
ing adapted  for  uniforms,  sail-cloth  of  all  kinds,  hemp  and  cordage, 
intoxicating  drinks,  other  than  beer  and  light  native  wines,  or  other 
articles  prohibited  by  the  proper  authorities,  except  upon  certificate 
and  request  under  Regulation  XXXII,  or  by  the  special  direction  of 
the  Supervising  Special  Agent  sanctioned  by  the  General  commanding 
Department  or  District  into  or  from  which  the  shipment  is  to  be  made. 

XXXIX.  Every   vessel,    on  approaching   a  gunboat  or   revenue 
Vessels  to  report    cutter,    or  vessel  appearing   to   be  such,    before   pro- 

to  gunboats  or    ceeding  further,    shall    bear   up    and  speak  said  boat 
revenue    cut-    Or  cutter,  and  submit  to  such  examination  as  may  be  re- 
quired. 

XL.  All  vessels,  boats,  and  other  vehicles  used  for  transporta- 
VSolations  of  ^on'  violating  Regulations  or  Local  Rules,  and  all 
these  regula-  cotton,  tobacco,  or  other  merchandise  shipped  or  trans- 
tions,  how  ported  or  purchased  or  sold  in  violation  thereof,  will 
16  '  be  forfeited  to  the  United  States.  If  any  false  state- 
ment be  made  or  deception  practiced  in  obtaining' an  Authority,  Cer- 
tificate, or  Permit  under  these  Regulations,  such  Authority,  Certificate, 
or  Permit,  and  all  others  connected  therewith  or  affected  thereby,  will 
be  absolutely  void,  and  all  merchandise  purchased  or  shipped  under 
them  shall  be  forfeited  to  the  United  States.  In  all  cases  of  forfei- 
ture, as  aforesaid,  immediate  seizure  will  be  made  and  proceedings 
instituted  promptly  for  condemnation.  The  attention  of  all  officers 
of  the  government,  common-carriers,  shippers,  consignees,  owners, 
masters,  conductors,  agents,  drivers,  and  other  persons  connected 
with  the  transportation  of  merchandise,  or  trading  therein,  is  particu- 
larly directed  to  the  acts  of  July  13,  1861,  May  20,  1862,  and  March 
12,  1863,  and  to  the  orders  of  the  Secretaries  of  War  and  of  the 
Navy  hereto  appended. 

XLI.    In  cases  where  military  or  naval  Commanders  shall  have 
ordered  all  packages  sent  by  friends  to  the  officers  and 
Packages  tooffi-    soldiers  of  their  command  to  be  delivered  only  to  desig- 
diershoweent    nate^  regimental  or  vessel  pfficers  for  delivery  to  the 
proper  parties,  such  packages  may  be  transported,  with- 
out Collector's  or  Surveyor's  permits,  by  the  Adams  Express  Com- 


27 

pany,  or  other  carriers  having  authority  for  that  purpose  from  the 
Secretary  of  the  Treasury,  on  such  carriers  giving  bond  conditioned 
to  render  a  true  account  of  all  such  packages  by  them  transported, 
and  to  carry  no  goods  without  proper  permits,  other  than  such  packages. 
XLII.  The  following  fees  are  prescribed  : 

Fees  for  administering  oath  and  certifying  affidavit 10  cents. 

for  each  Authority  from  agent 3  dolls. 

for  certificate  of  Local  Special  Agent 10  cents. 

for  each  permit  for  purposes  of  trade 20  cents. 

for  each  permit  to  purchase  cotton  in  any  insurection- 
ary  district,    and    to    transport   the  same    to  any 

loyal  State per  pound  •  •     4  cents. 

for  permit  so  to  purchase  and  transport  tobacco  per  hhd.     2  dolls, 
for  permit  so  to  purchase  or  sell  and  transport  to  or 
from  such  district  other  products,  goods,  wares,  or 
merchandise,  five  per  centum  on  the  sworn  invoice 
value  thereof  at  the  place  of  shipment, 
for  each  permit  for  individual,  family,  or  plantation  sup- 
plies, on  every  purchase  over  $20  and  not  over  $50,     5  cents. 
"  over  $50  and  not  over  $100,    10  cents. 

"  over  $100 15  cents. 

For  permits  for  individual,  family,  or  plantation  supplies, 
not  over  twenty  dollars  in  amount,  no  charge  is  allowed, 
except  for  revenue  stamps,  on  affidavits  and  certificates 
in  districts  under  restriction;  and  no  charge,  except  five 
cents  for  permit  and  five  cents  for  eacli  re  venue  stamp  on 
affidavit  and  certificate,  is  allowed  in  States  declared  in 
insurrection.  When  purchases  are  less  than  five  dollars, 
the  permit  officer  may  dispense  with  affidavits  and  cer- 
tificates when  no  ground  to  suspect  fraud  or  imposition 
appears. 

XLIII.  Internal  revenue  stamps  are  required  by  law  to  be  attached 

to  affidavits,    certificates,   and  bonds,  but  not  to  any 

Intei   il  revenue    ot|ier  instruments  or  writings  provided  for  by  these 

attached.           Regulations.     Stamps  will  be  furnished  by  the  proper 

Special  Agents  at  the  rates  fixed  by  the  internal  revenue 

act,  namely: 

For  affidavits 5  cents. 

For  certificates  of  Local  Special  Agents  or  Collectors  and 

Surveyors 5  cents. 

For  bonds 25  cents. 

XLIV.  Every  officer  authorized  by  the  Secretary  of  the  Treasury  to 
grant  permits  under  these  Regulations  shall  keep  in  his 
°7wwd!rf^«£    office  a  recorcl  °f  every  permit  granted  by  him,  show- 
mits  and  fees    ing  the  names  of  the  owner,   shipper,  and  consignee, 
received,  and    the  place  from  and  to  which  each  transportation  is  per- 
make  reports.    mjtted,  the  character  and  invoice  value  of  the  merchan- 
dise permitted,  and  shall  transmit  to  the  Secretary,  and  also  to  the  pro- 
per Supervising  Special  Agent,  as  near  as  possible  on  the  first  day 


28 

of  every  month,  a  transcript  of  such  record;  and  will  also  at  the  same 
time  transmit  to  the  Supervising  Special  Agent  an  abstract  statement 
showing  the  permits  granted  daily  to  parts  of  States  not  declared  in 
insurrection  but  in  which  trade  is  restricted,  and  also  showing  the 
permits  granted  daily  to  States  declared  in  insurrection,  with  the  in- 
voice value  of  the  merchandise  permitted,  the  fees  received,  and  the 
disposition  made  of  the  same,  together  with  the  names  of  all  Agency 
Aids  reporting  to  him,  and  the  compensation  paid  to  each. 

XLY.  All  money  received  by  each  Assistant  or  Local  Special  Agent 

shall  be  paid  over  as  promptly  as  possible  to  the  Super- 

^U8atantng'  and    vising  Special  Agent,   or  to  an  Assistant  Treasurer  or 

Local  Special    Designated  Depository  as  directed  by  him,  and  so  that 

Agents  to  pay    all  receipts  during  each  month  shall  be  paid  over  before 

over.  m"ney  M    the  making  of  his  required  monthly  report;  and  all 

money  received  by  each  Supervising  Special  Agent  or 

Collector,   Surveyor,   or  other  officer  authorized  to  grant  permits, 

under  these  Regulations,  shall  be  promptly  paid  over  to  the  Assistant 

Treasurer  or  Designated  Depository  most  convenient  to  him,   and  so 

that  all   receipts  for  each  month  shall  be  so  paid  over  before  the 

making  of  his  monthly  report. 

XLVI.  Every  officer  authorized  to  receive  money  under  these  Regu- 
lations shall  transmit  to  the  Secretar     on  the  first  of 


eacn  month  a  report,  stating  in  detail  all  moneys  so  re- 


money  to  re-    ceived  by  him  during  the  preceding  month,  and  from 
port  on  first  of    what  sources  received,  together  with  all  expenses  of 
eack  month.      his  office  jncidentai  to  the  execution  of  these  Regula- 
tions ;  and  if  any  money  has  been  paid  out  or  otherwise  disposed  of 
by  him  during  the  month,  an  account  thereof,  and  by  what  authority, 
to  whom,  or  for  what  purpose  it  was  so  paid  or  disposed  of.  with  the 
vouchers  therefor.     A  duplicate  of  this  report  and  account    shall  at 
the  same   time  be  transmitted  to  the  Supervising  Special  Agent  for 
the  Agency  in  which  it  shall  be  made,  and  a  triplicate  to  the   Com- 
missioner of  Customs. 

XLYII.   Assistant  Special  Agents  shall  keep  a  record  of  all  their 

official  transactions,  showing  specifically  and  in  detail 
Assistant   Special  t     ,1       -,  i  /T>          -V-TTT  \ 

Agents      shall  eveiT  Authority  given  to  traders,  (Reg.  XIV;)  every 

keep  record,  &c.  Authority  for  the  purchase  of  products,  (XX;)  every 
inspection  of  trade  store,  and  the  results  thereof,  (XV;) 
all  appointments  of  Agency  Aids  on  cars,  vessels,  and  boats,  and  the 
compensation  of  each,  (XXX;)  all  seizures  in  cases  of  excess  or  eva- 
sion of  permits  to  blockaded  ports,  (XXXII;)  all  seizures  or  detentions 
of  vessels  or  vehicles  departing,  or  attempting  to  depart,  when  clearance 
has  been  refused,  (XXXVI;)  all  cases  of  security  required  when  goods 
found  in  danger  of  being  transported  to  insurgents,  and  if  security  not 
given,  the  action  taken-  by  them,  (XXXVII;)  all  fees  received  for 
affidavits,  Authorities  to  traders,  and  for  the  purchase  of  products,  and 
from  whom,  and  for  what  received,  (XIV,  XX,  XLIL)  And  they  shall, 


29 

on  the  first  day  of  every  month,  transmit  to  the  proper  Supervising 
Special  Agent  a  transcript  of  such  record,  and  all  bonds  or  securities 
received  by  them  under  these  Regulations,  (XIV,  XX,  XXXVII.) 

XL  VIII.  Local  Special  Agents  shall  keep  a  record  of  every  Authority 

to  trade  or  to  purchase  products  presented  by  the 

Local        Special     holder  thereof,  and  of  all  certificates  given  to  traders, 

keeen<a  ream]1     or  ^or  Perm^s  to  purchase  and  transport  products, 
&c?  (Reg.  XIV;)  of  all  permits  for  purchase  and  trans- 

portation of  supplies  from  trade  store,  and  certificates 
to  buy  supplies  elsewhere  than  in  trade  district,  (XVI;)  of  all  per- 
mits granted  where  there  is  no  Collector  or  Surveyor  within  five  miles 
of  trade  store,  (XVII;)  of  all  certificates  to  persons  bringing  products 
to  market  and  taking  back  supplies,  (XIX;)  of  all  excess  or  evasion 
of  permits  in  shipments  to  blockaded  ports,  and  their  action  thereon, 
(XXXII;)  of  all  cases  of  bonds  required  of  owners  or  holders  of  goods 
in  danger  of  being  transported  to  insurgents,  and  their  action  where 
bond  not  given,  (XXXVII;)  of  all  permits  under  Regulations  XVI  and 
XVII,  showing  all  that  is  required  by  those  Regulations  and  of  all  fees 
required  for  certificates,  affidavits,  and  permits,  (XII,  XVI,  XVII, 
XIX,  XLII  )  And  they  will  also,  as  nearly  as  possible  on  the  first 
day  of  every  month,  transmit  to  the  proper  Supervising  Special  Agent 
a  transcript  of  such  record,  and  will  deliver  to  such  Agent  all  bonds 
or  securities  received  by  them  under  these  Regulations,  (XXXVII.) 

XLIX.  Supervising  Special  Agents  shall  keep  a  record  of  all 
Supervising  Spe-  their  official  transactions,  showing  fully  the  name 
cial  Agents  shall  and  location  of  each  Local  Special  Agent  and  Agency 
keep  record,  &c.  ^id  appointed  by  them,  and  the  compensation  of 
each,  (Reg.  IV;)  of  conferences  with  Generals  commanding  Depart- 
ments and  designations  of  trade  and  supply  districts,  (IX,  X;)  of  all 
Authorities  given  for  trade  stores,  stating  the  date,  name  of  trader, 
locality,  and  amount  of  goods  authorized,  (XIV;)  of  the  inspection  of 
trade  stores  and  the  results,  (XV;)  of  all  trade  stores  authorized  in 
any  city  or  town  of  a  supply  district,  the  date,  name  of  trader,  and 
amount  of  goods  authorized,  and  of  the  discontinuance  of  any  such 
store,  (XVIII;)  of  all  Authorities  given  for  the  purchase  of  products, 
to  whom  given,  and  the  locality  where  purchases  are  to  be  made,  (XX;) 
of  all  re  vocations  of  Authorities,  Certificates,  and  Permits,  (XXlII;)of 
all  information  touching  any  goods  or  transactions  given  to  other  offi- 
cers of  the  department.  (XXVII;)  of  all  appointments  of  Agency  Aids 
upon  cars,  vessels,  and  boats,  (XXX;)  of  all  seizures  and  detentions  of 
vessels  or  vehicles  departing,  or  attempting  to  depart,  after  clearance 
has  been  refused,  (XXXVI;)  of  all  securities  required  and  received 
of  owners  or  holders  of  goods  in  danger  of  being  transported  to  in- 
surgents, and  of  their  action  if  security  was  not  given,  (XXXVII.) 
And  on  the  first  day  of  every  month,  as  nearly  as  possible,  they  shall 
transmit  to  this  Department  a  transcript  of  such  record  for  the  pre- 
vious month,  together  with  a  copy  of  the  transcripts  of  records  and 
a  statement  of  all  bonds  and  securities  received  by  them  from  Assist- 
ant and  Local  Special  Agents. 


30 

L.  These   Regulations   shall  supersede  those  of  March  31,   1863, 
and  all  others  conflicting  herewith,  affecting  commer- 
^SSde"8  all    cial  intercourse  with  States  declared  in  insurrection; 
others.  and  all  permits  hereafter  granted  by  any  officer  of  the 

Treasury  Department  will  be  granted  in  pursuance  of 
them  and  of  the  Local  Rules  authorized  by  them,  or  by  virtue  of  au- 
thority hereafter  given  by  the  Secretary  of  the  Treasury;  but  all 
permits  granted  and  acts  done  in  pursuance  of  former  Regulations 
shall  be  valid  and  effectual  until  the  15th  day  of  October,  1863,  unless 
the  Regulations  shall  have  been  sooner  received  and  made  known  at 
the  place  of  such  permits  or  acts. 


REGULATIONS 

PRESCRIBED  BY  THE  SECRETARY  OF  THE  TREASURY  FOR  THE  GOVERNMENT 
OF  THE  SEVERAL  SPKCUL  AGENTS  AND  AGENTCY  AIDS  APPOINTED  IN  PUR- 
SUANCE OP  THE  A'T  OF  12TH  MARCH,  1863,  ENTITLED  "  AM  ACT  TO  PROVIDE 
FOR  THE  COLLECTION  0^  ABANDONED  PROPERTY.  AND  FOR  THE  PREVENTION 
OF  FRAUDS  IN  INSURRECTIONARY  DISTRICTS  WITHIN  THE  UNITED  STATES." 

I.  The  territory  of  the  United  States  designated  as  in  insurrection 

against  the  lawful  government  of  the  United  States  by 

Territory  di-  the  Proclamation  of  the  President,  July  1,  1862,  to 
tricts called  Sp'e-  WMicn  Special  Agents  have  been  assigned  to  receive  and 
cial  Agencies.  collect  abandoned  and  captured  property,  is  divided 
into  districts  called  Special  Agencies,  numerically  desig- 
nated and  described  as  follows,  viz  : 

The'  First  Special  Agency  comprises  the  district  of  the  Uni- 
ted States  west  of  the  Alleghany  mountains,  known 
as  the  Valley  of  the  Mississippi,  and  extending  south- 
described.  ward  so  as  to  include  so  much  of  the  States  of  Alabama, 

Mississippi,  Arkansas,  and  Louisiana,  as  is  or  may  be 
occupied  by  national  forces  operating  from  the  North. 

The  Second  Special  Agency  comprises  the  State  of  Virginia 
and  so  much  of  West  Virginia  as  lies  east  of  the  Alleghany  moun- 
tains. 

The  Third  Special  Agency  comprises  the  State  of  North  Caro- 
lina. 

The  Fourth  Special  Agency  comprises  the  States  of  South  Car- 
olina, Georgia,  and  Florida. 

The  Fifth  Special  Agency  comprises  the  States  of  Texas  and 
Louisiana,  and  so  much  of  the  States  of  Arkansas,  Alabama  and 
Mississippi,  as  is  or  may  be  within  the  lines  of  the  national  forces 
operating  from  the  South. 

If  additional  Special  Agencies  shall  be  established,  they  will  be 
numerically  designated  in  the  order  of  their  establishment.  And  if 
the  boundaries  of  agencies  already  established  shall  be  changed,  due 
notice  thereof  will  be  given. 

II.  Supervising  Special  Agents  and  Assistant  Special  Agents  will 

be  appointed  by  the  Secretary  of  the  Treasury,  and 
agSST'  Locrtl  Special  Agents  and  Agency  Aids  will  be  appointed 

by  Supervising  Special  Agents,  or  under  their  direc- 
tion by  Assistant  Special  Agents,  subject  to  the  approval  of  the  Sec- 
retary, to  carry  into  effect  the  said  Act  and  these  Regulations. 


32 

III.  Supervising  and  Assistant  Special  Agents  are  authorized  and 

directed  to  receive  and  collect  all  abandoned  and  cap- 

izedand^irected    tured  property  found  within  their  respective  Agencies 

to  collect  and  re-    and   within   the  lines  of  military  occupation   by  the 

ceive  all  aban-    United  States  forces,  except  such  as  has  been  used  or 

property.    wag  in^en(je(j  £o  be  used  for  waging  or  carrying  on  war 

against  the  United  States,  viz:  arms,  ordnance,  ships,  steamboats  or 

other  water  craft  and  their  furniture,  forage,  military  supplies,  and 

munitions  of  war. 

TV.  Abandoned  property  is  of  two  descriptions: 

First;  That  which  has  been  or  may  be  deserted  by 
the  owners;  and, 

Second;  That  which  has  been  or  may  be  voluntarily 
abandoned  by  the  owners  to  the  civil  or  military  au- 
thorities of  the  United  States. 

Captured  property  is  that  which  has  been  or  may  be  seized  or 
taken  from  hostile  possession  by  the  military  or  naval  forces  of  the 
United  States. 

Y.  Supervising  and  Assistant  Special  Agents  will  exercise  due  dili- 
gence in  receiving  and  collecting,  within  the  Agency 

Special  Agents    ^o   whjcn   they   have   been  respectively  assigned,   all 
will  collect  and       ,        ,         ,         -,'  .*'  P. 

receive  property,    abandoned  and  captured  property  ;  and  on  taking  pos- 

and   make  and    session  of  any  such  property,  will  immediately  make 
keep  a  true  re-    an(j  k;eep  a  fu]|  an(j  C0rrect  record  of  all  the  facts  or 

cord  and  account     •    /•,••  ,    .  ,  1,1 

of  expenses.         information  in  regard  to  each  case  or  lot  known  or 

accessible  to  them,  includingl  as  nearly  as  possible, 
the  following:  the  character  and  quantity  of  the  property  received 
or  collected;  where  captured,  or  found  or  received  as  abandoned; 
under  what  circumstances;  by  whom  owned  or  alleged  to  be 
owned  ;  noting,  where  practicable,  the  name  and  address  of  one 
or  more  truthful  residents  of  the  neighborhood  acquainted  with 
the  property  and  the  owner  or  claimant  thereof,  and  any  state- 
ments they  may  make  in  connexion  therewith  ;  by  whom  such 
property  was  captured  or  abandoned  ;  by  whom  received  or  col- 
lected; from  whom  received;  all  names,  marks,  signs,  or  devices, 
(whether  distinct,  indistinct,  or  partially  erased,)  upon  such  property; 
together  with  all  other  information  which  may  in  any  way  serve  to 
identify  or  make  known  the  history  of  any  particular  lot,  or  to  trace 
the  same,  or  the  proceeds  thereof,  from  the  earliest  period  possible 
to  its  final  disposition. 

They  will  also  charge  against  each  lot  and  keep  a  true  and  detailed 
account  in  triplicate  of  each  item  of  expense  incurred  in  its  collec- 
tion, transportation,  care  and  sale;  or  where  two  or  more  lots  are 
treated  together,  a  fair  and  just  proportion  against  each,  as  well  as 
all  fees  due  in  any  way  to  the  government  thereon. 

One  copy  of  this  record  will  be  promptly  transmitted  to  the 
Supervising  Special  Agent,  to  whom  or  to  whose  order  the  property 


33 

so  received  and  collected  will  be  delivered,  another  to  the  Secretary 
of  the  Treasury,  and  the  third  will  be  retained  by  the  Assistant 
Special  Agents  for  their  files. 

VI.  Supervising  and  Assistant  Special  Agents  will  receive  within 

Agents     win    their  respective  Agencies  any  property  from  persons 

receive  voiunta-    who  offer   voluntarily  to  abandon  the  same;  arid  shall 

rily  abandoned  give  a  receipt  therefor  to  the  person  so  abandoning  it, 
property,  and  ,  ,  •  ,,  ~ F  ,,  .  r 

give       receipts,  or  ^°  nis  or  ner  aoent5  m  ^ie  following  form: 
and  take  stipula- 
tions. 

"Received  of ,  of  the  county  of  ....       ,  in  the  State  of 

estimated  at  $  .  .  ,  claimed  by  .  .  .  ,  as  the  owner  thereof  and  numbered  as 
follows : 

;  which,  as  Special  Agent  of  the  Treasury  Department,  at  the  request 

of • 

I  have  received  as  abandoned  property,  to  be  forwarded  to 

,   and  disposed  of  in  accordance  with  the  act  of  Congress,  approved 

March  12,  1863." 

And  shall  make  three  copies  of  said  receipt,  of  which  he  shall  send 
one  to  the  Secretary  of  the  Treasury,  one  to  the  Supervising  Special 
Agent,  and  keep  one  for  his  files;  and  in  all  cases  of  so  receiving 
voluntarily  abandoned  property,  the  Agent  shall  require  from  the 
owner  or  person  so  abandoning  it  a  statement  and  stipulation  in 
triplicate  in  the  following  form: 

" ,  Special  Agent  of  the  Treasury  Department,  has  this  day 

received  from  me  as  abandoned  property 


marked  and  numbered  as  follows  : 

which  the  said has  received 

at  my  request,  to  be  transported  to  the  Special  Agent  of  the  government  in  the  city 

of ,  appointed  to  receive  and  dispose  of  such 

property,  subject  to  the  deductions  prescribed  by  the  act  approved  March  12,  1862,  and 
the  fees  designated  by  the  XIV  .Regulation  prescribed  by  the  Secretary  of  the  Treasury, 
September  if,  1863. 

And  I  hereby  acquit  and  discharge  the  said , 

and  all  other  officers  of  the  government,  from  all  personal  liability  on  account  of  the  said 
property,  except  such  as  may  result  from  an  unfaithful  discharge  of  their  duties  in  trans- 
porting or  disposing  of  it. 

And  in  case  of  any  loss  or  damage  to  the  said  property  in  its  transportation  or  other- 
wise, neither  the  government  of  the  United  States  nor  any  of  its  Agents  shall  be  held 
responsible  therefor." 

A  record  of  all  property  so  received  and  of  the  expenses  incurred  in 
connexion  therewith  shall  be  made  and  copies  transmitted,  and  the  pro- 
perty shall  be  disposed  of,  in  the  manner  prestribed  in  Regulation  V. 
3c 


34 

VII.  Supervising  and  Assistant  Special  Agents  will  receive  and 
collect  abandoned  property  from  any  officer  or  private  of 
Iceland*  receive  tbe  regular  or  volunteer  forces  of  the  United  States,  or 
from  officers  and  any  officer,  sailor,  or  marine  in  the  naval  service  of  the 
privates,  sailors  United  States,  upon  the  inland  waters  of  the  United 
or  marines,  abau-  gtates  who  j^y  take  or  receive  any  such  abandoned 
doned  property,  „  •  .  ,  .  J 

and  give  receipt,    property,  trom  persons  in  such  insurrectionary  districts, 

or  have  it  under  their  control,  and  such  Supervising  or 
Assistant  Special  Agent  will,  in  all  such  cases,  give  a  receipt  therefor 
in  the  following  form  : 

"Received  o' 


estimated  at  $ 


taken  or  received  and  held  by  him  as  abandoned  property  in  such  insurrectionary  district 
and  claimed  to  be  the  property  of 

and  turned  over  to  me  by  said 


which  property  I  have  received  as  Agent  of  the  Treasury  Department,  appointed  in  pur- 
suance of  certain  acts  of  Congress,  approved  July  13,  1861.  May  20,  1862,  and  March  12, 
1863.  The  said  property  to  be  transported  and  disposed  of  under  the  Regulations  of  the 
Secretary  of  the  Treasury  prescribed  in  pursuance  of  the  authority  conferred  on  him  by 
said  acts." 


Three  copies  of  said  receipt  shall  be  made,  one  of  which  shall  be 
transmitted  to  the  Secretary  of  the  Treasury,  one  to  the  Supervising 
Special  Agent,  and  one  shall  be  retained  by  the  Agent  giving  the 
receipt;  and  a  record  of  the  property  so  collected  and  received  shall 
be  made,  and  copies  transmitted,  and  the  property  disposed  of,  as 
directed  in  Regulation  V. 

VIII.  Supervising  and  Assistant  Special  Agents  will  collect  and  receive 
of  any  officer  or  private,  or  person  employed  in  or  with 

Captured  property  the  regular  or  volunteer  forces  of  the  United  States, 
in  hands  of  officers  any  property  held  by  him  which  shall  have  been  cap- 
turned^over0  and  tured  in  any  district  declared  to  be  in  insurrection 
receipt  given.  against  the  United  States,  except  such  as  shall  be  re- 

quired for  military  use  of  the  United  States  forces; 
and  all  property  so  held  by  them  shall  be  received  by  the  Agent  as 
captured  property,  leaving  all  questions  concerning  the  class  to  which 
it  belongs  for  after  consideration;  and  they  shall  also  receive  with 
such  property  the  necessary  invoices  thereof,  and  all  receipts,  bills 
of  lading,  and  other  papers,  documents,  and  vouchers,  showing  title 
to  such  property  or  the  right  to  the  possession,  control,  or  direction 
thereof,  and  such  order,  indorsement,  or  writing  as  the  party  has 
power  to  make,  to  enable  such  Agent  to  take  possession  of  such 
property  or  the  proceeds  thereof. 

And  he  will  give  t<^  the  officer,  private,  or  person  from  whom  any 
property  is  so  received,  a  receipt  in  the  form  following: 


35 

11  Received  of 

estimated  at  $ 

captured  by  the  forces  of  the  United  States,  and  claimed  to  be  the  property  of  .... 

which  property  1  have  received  as  Special  Agent  of  the  Treasury  Department,  appointed  in 
pursuance  of  certain  acts  of  Congress,  approved  July  13,  1861,  May  20, 1862,  and  March  12, 
1863.  The  said  property  to  be  transported  and  disposed  of  under  the  regulations  of  the 
Secretary  of  the  Treasury  prescribed  in  pursuance  of  the  authority  conferred  on  him  by 
said  acts." 

And  a  record  of  the  property  so  collected  and  received  shall  be 
made,  and  copies  transmitted,  and  the  property  disposed  of,  as 
directed  in  Regulation  Y. 

IX.  When  any  part  of  the  goods  or  property  received  or  collected 
by  any  Supervising  or  Assistant  Special  Agent  is  de- 
Property  requir-    manded  for  public  use,  and  a  requisition  therefor  is 
bfapprSd^nd    Presented,   signed    by  the  General  commanding   De- 
delivered  over.       partment,   or   by   some   other   officer    authorized   by 
such  Commander  of  Department,  the  Special  Agent 
having   such  property   in  charge    shall  select  three  competent  and 
disinterested   persons,  to  be   approved   by  such  officer,   who   shall 
make  oath  for  the  faithful  discharge  of  their  duties,   and  who  shall 
appraise  said  goods  or  property,  and  make  a  certificate  thereof  in 
the  following  form: 

"  The  undersigned  having  been  appointed  by Supervising 

or  Assistant  Special  Agent,  to  appraise  certain  property  alleged  to  have  been  collected  or 

received  as  abandoned  or  captured  by Supervising 

Special  Agent  or  Assistant  Special  Agent  of  the  Treasury  Department,  having  each  of  us 
made  oath  for  the  faithful  discharge  of  our  duty  as  such  appraisers,  do  certify  that  we 
have  carefully  examined  and  appraised  the  following  described  property,  to  wit: 

and  that  said  property  is  worth 

J- Appraisers." 


Which  certificate  shall  be  certified  by  the  Special  Agent  and  by 
the  officer  receiving  said  property;  and  the  goods  or  property  so  ap- 
praised shall  be  delivered  over  to  the  officer  appointed  to  receive  it ; 
and  the  Special  Agent  shall  in  all  such  cases  require  from  the  offi- 
cer or  agent  receiving  said  goods  or  property  a  receipt  in  the  follow- 
ing form : 


"  Received   of 


alleged  to  have 

been  collected  or  received  by  him  as  abandoned  or  captured,  and  which  has  been  this  day 

appraised  by 

t 

appraisers  appointed  with  my  approval,  to  be  worth  .  .  .  dollars,  which  property  has 
been  delivered  to  me  by  said  Age  it  to  be  appropriated  to  the  public  use,  as  provided  in  the 
second  section  of  the  Act  of  Congress,  approved  March  12, 1863,  entitled  'An  act  to  provide 
for  the  collection  of  abandoned  property,  and  the  prevention'  of  frauds  in  insurrectionary 
districts  within  the  United  States.'  " 


36 

And  he  shall  keep  a  record  of  all  expenses  incurred  on  account  of 
said  property  ;  and  if  he  be  an  Assistant  Special  Agent,  he  shall 
promptly  transmit  a  full  report  of  such  appraisal  proceedings  and 
copies  of  all  papers  in  the  case,  as  prescribed  and  directed  in  Regu- 
lation V. 

X.  In  all  cases  where  property  of  a  perishable  nature,  whether 
captured  or  abandoned,  shall  be  collected  or  received 
Disposition  of   by  the  proper  Agents  of  this  Department,  and  its  imme- 
enshable    pro-    ^iate  saie  js  required  by  the  interest  of  all  concerned, 
asT  ycannot8  be    such  Agent  shall,  where  practicable,  forward  it  without 
transported.          delay  to  the  nearest  place  designated  by  the  Secretary 
or  by  Regulation  as  a  place  of  sale  within  a  loyal  State, 
consigned  to  the  proper  officer  of  this  Department,  who  shall  forth- 
with cause  it  to  be  sold  at  auction  to  the  highest  bidder;  all  such  ship- 
ments to  be  accompanied  by  a  statement  as  required  by  Regulation  V. 
If,  from  the  character  of  the  property,  it  shall  be  impracticable  so 
to  transport  it,  the  Agent  shall  cause  the  same  to  be  appraised   by 
three  disinterested  persons,  and  to  be  sold  at  public  auction,   and 
promptly  transmit  a  full  report,   as  prescribed   by  Regulation   V, 
together  with  the  certificate  of  appraisal,  taken  in  triplicate,  and  the 
account  of  sales,  and  hold  the  proceeds  subject  to  the  direction  of  the 
Supervising  Special  Agent  for  that  Agency. 

XL  In  case  of  furniture,   family  pictures,  equipage,  clothing,   or 
household  effects,    abandoned  or  captured,    and  col- 
House  furniture    lected   or    received    by  Special   Agents,    they   will 
and  family  effects.  •*     j     J  £  ,  j 

cause  the  prescribed  record  tnereoi  to  be  made  and 

transmitted,  and  will  store  such  property  on  the  premises  where 
found,  whenever  it  can  be  done  with  safety;  otherwise  they  will 
cause  it  to  be  securely  stored  and  properly  marked  and  numbered, 
and  report  the  facts  to  the  Supervising  Special  Agent,  and  await  fur- 
ther directions.  If  left  on  the  premises  they  will  take  a  receipt 
therefor  from  the  Agent,  or  person  in  possession,  and  transmit  the 
same  with  the  record.  When  such  property  cannot  be  safely  left  on 
the  premises  or  stored  with  safety  and  due  regard  to  economy,  the 
Special  Agent  in  charge  shall  cause  the  same  to  be  appraised,  disposed 
of,  and  reported,  as  provided  in  Regulation  X,  as  to  untransportable 
property.  In  case  such  property  is  in  use  at  hospitals,  or  for  any 
military  purpose,  they  will  cause  such  property  to  be  appraised  and 
treated  as  property  required  for  public  use,  as  directed  in  Regula- 
tion IX. 

XII.  When  property  is  liable  to  be  lost  or  destroyed  in  conse- 
quence of  its  location  being  unknown  to  the  Special 
Supervising      J  .  „  .  ^      _ 

Special    Agents    Agents,  or  irom  other  causes,  and  parties  propose,  for 

may  contract  for  compensation,  to  collect  and  deliver  it  into  the  hands 
deHve^of  r"^  °^  suc^  aSents  at  points  designated  by  them,  Super- 
erty  by  other  vising  Special  Agents  may  contract,  on  behalf  of  the 
parties.  United  States,  for  the  collection  and  delivery  to  them 

of  such  property  in  their  respective  agencies,  on  the 
best  possible  terms,  not  exceeding  twenty-five  per  cent,  of  the  pro- 


37 

ceeds  of  the  property,  which  percentage  must  be  full  compensation 
for  all  expenses,  of  whatever  character,  incurred  in  collecting,  pre- 
paring, and  delivering  such  property  at  the  points  designated.  Prior 
to  any  such  contract  being  made,  the  party  proposing  must  submit  in 
writing  a  statement  of  the  kind  and  amount  of  property  proposed  to 
be  collected,  the  locality  whence  to  be  obtained,  and  all  the  facts  and 
circumstances  connected  with  it,  particularly  as  to  its  ownership. 
And  any  contract  made  in  pursuance  of  this  regulation  must  be  in 
writing,  and  restricted  to  the  collection  and  delivery  of  particular  lots 
at  named  localities:  or,  when  circumstances  clearly  justify  it,  to  the 
general  collection  and  delivery  of  all  abandoned  property  in  limited 
districts  not  greater  in  any  case  than  one  parish  or  county,  and  not 
more  than  one  district  to  be  assigned  to  one  contractor. 

Before  payment  to  any  contractor  under  any  contract  made  in  pur- 
suance of  this  regulation,  he  shall  execute  a  bond,  with 

Bond     to    be  ,,  =  ,-1.1  -j  , 

given    by  con-    penalty  equal  to  the   amount  stipulated   to  be  paid  to 

tractor  indemni-  him,  and  with  sureties  satisfactory  to  the  Supervising 
fying  the  gov-  Special  Agent,  indemnifying  the  United  States  against 
all  claims  to  the  property  delivered  on  account  of  dam- 
ages by  trespass,  or  otherwise  occasioned  by  the  act  or  connivance  of 
the  contractor,  and  against  all  claims  that  may  arise  on  account  of 
expenses  incurred  in  the  collection,  preparation,  and  transportation 
of  said  property  to  the  points  designated  in  said  contract. 

Should  a  case  arise  in  the  opinion  of  the  Supervising  Special  Agent 

justifying  the  payment  of  a  larger  percentage  than  one 
When  larger  per    J          /          /•   ,  i  r   ^  j       r  xu  iT        MI 

centage  seems  to    quarter  of  the  proceeds  of  the  property,  he  will  make 

be  proper,  agent    a  statement  of  the  facts  and  circumstances  and  the 

to  refer  the  case    reasons  in  his  opinion  justifying  such  additional  allow- 

ary'    ance,  and  refer  the  same  to  the  Secretary  for  instructions. 

And  for  the  purpose  of  getting  possession  of  and  transporting  to 

Local  Special    market  as  much  of  the  captured  and  abandoned  property 

Agents        and    as  possible  within  the  lines  of  the   military  forces  of 

Agency  Aids  to    foe  United    States,     Supervising    Special  Agents   or 

Assistant  Special    Agents  under  their  direction* will 

appoint  and  employ  in  their  respective  Agencies,  at  such  per  diem 

compensation  as  may  be  judged  proper,  subject  to  approval  of  the 

Secretary  of  the  Treasury,  such   Local   Special  Agents  and  Agency 

Aids  as  may  be  necessary  therefor,   instructing  them  fully  as  to  the 

execution  of  the  duties  respectively  assigned  to  them. 

XIII.  No  property  collected  or  received  as  captured  or  abandoned 
under  the  act  of  March  12,  1863,   shall  be  released  by 

Agents  not  to  Agent  except  by  special  authority  from  the  Sec- 

release  property,          J       °    .  m  i   •     • 

or  permit  its  re-    retary  of  the  Treasury  to  any  persons  claiming  own- 

moval,  or  grant  ership  of  such  property  ;  nor  shall  any  permit  be  given 
personal  favors,  j>  gucn  Agents  to  individuals  to  remove  such  property; 

or  incur  luibili-        J        it,  T   i  -i-,      •>        •  j 

ties  not  author-  nor  shall  any  liability  be  incurred  or  assumed,  or  con- 
ized  by  regula-  tract  be  made  on  the  part  the  United  States  by  such 
tions.  Agents,  except  as  authorized  by  these  Regulations. 

No  personal  favor  shall  in  any  case  be  extended  to  one 
individual  or  party  rather  than  another. 


38 

XIV.  Supervising  Special  Agents  will  pay  or  cause  to  be  paid,  out 

of  the  general  fund  arising  from  the  sale  of  all  property 
ensestobtf  Id"  c°^ected  and  received  in  their  respective  Agencies,  all 

expenses  necessarily  incurred  in  collecting,  receiving, 
securing,  and  disposing  of  the  same,  including  fees,  taxes,  freights, 
storage,  charges,  labor,  and  other  necessary  expenses,  being  careful 
to  avoid  all  useless  or  indiscreet  expenditures  ;  and  will  charge  each 
particular  lot  or  parcel  with  the  specific  or  proportionate  amount  of 
all  such  expenses  as  can  be  made  specific  or  proportionate  charges  to 
each  lot  or  parcel;  and  will  also  charge  and  retain  out  of  the  proceeds 
of  each  lot  or  parcel  one  and  one  half  per  centum  thereof  for  the  pay- 
ment of  such  expenses  connected  with  the  collection,  transportation, 
and  sale,  or  other  disposition  thereof,  as  cannot  be  made  specific  or 
proportionate  charges  against  each  lot  or  parcel,  or  are  not  otherwise 
provided  for,  such  as  rents,  compensation  to  clerks,  or  other  em- 
ployes, auctioneers,  printing,  and  advertising,  a  carefully  stated 
account  of  which  will  be  kept  by  such  Agents,  showing  in  detail  all  ex- 
penses paid  out  of  this  fund  arising  from  such  charge;  and  unless  un- 
avoidably prevented,  they  will  take  vouchers  for  all  expenditures  made 
under  this  Regulation,  and  transmit  the  same  with  their  accounts. 
Of  the  balance,  if  any,  of  said  one  and  one  half  per  cent,  remaining 
after  defraying  said  expenses  the  several  Supervising  Special  Agents 
may  retain  as  compensation  for  extra  care  and  responsibility  a  sum 
not  exceeding  one  half  of  one  per  cent. ;  and  with  the  remainder, 
if  any,  may  reward  extra  services  in  collection  and  care  of  property, 
rendered  by  Agents  and  others. 

XV.  All  property  collected  and  received,  other  than   such  as  is 

described  in  Regulations  X  and  XI,  and  such  as  may 

Property  to  be    be  appropriated  to  public  use,  shall  be  transported  to 

l^yaf'states  and    8UC^  P^aces  in  *ne  loyal  States  as  shall  be  designated 

sold  at  auction,     by  the  Secretary  of  the  Treasury,  as  places  of  sale, 

consigned  to  the  Supervising  Special  Agent  of  the 
Age*ncy  in  which  it  is  collected  or  received,  or  to  such  other  person 
as  shall  be  specially  authorized  by  the  Secretary  to  receive  the  same, 
and  shall  there  be  sold  by  such  Supervising  Special  Agent,  or  other 
person,  at.  public  auction  to  the  highest  bidder,  for  United  States  notes, 
pursuant  to  notice  previously  published  of  the  time  and  place  of  sale. 

XVI.  Each  Supervising  Special  Agent  or  other  person,  as  aforesaid, 

shall  make  a  full  record  of  each  lot  or  parcel  of  property 
SpecLTAgfnts  coming  to  his  possession,  in  the  manner  prescribed  by 
to  make  report.  Regulation  V,  and  report  the  same,  and  all  sales  or 

other  disposition  thereof,  made  by  him,  rendering  a 
monthly  account  current  of  all  his  transactions  to  the  Secretary,  ac- 
companying the  same  with  receipts  or  other  vouchers  for  all  moneys 
paid  out  by  him.  All  balances  remaining  in  his  hands  shall  be  depos- 
ited in  the  Treasury  from  time  to  time,  as  directed  by  the  Secretary. 


PROCLAMATIONS  OF  THE  PRESIDENT. 


AUGUST   16,  1861. 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas,  on  the  fifteenth  day  of  April,  eighteen  hundred  and  sixty- 
one,  the  President  of  the  United  States,  in  view  of  an  insurrection 
against  the  Laws,  Constitution,  and  Government  of  the  United  States, 
which  had  broken  out  within  the  States  of  South  Carolina,  Georgia, 
Alabama,  Florida,  Mississippi,  Louisiana,  and  Texas,  and  in  pursuance 
of  the  provisions  of  the  act  entitled  "An  act  to  provide  for  calling 
forth  the  militia  to  execute  the  laws  of  the  Union,  suppress  insur- 
rections, and  repel  invasions,  and  to  repeal  the  act  now  in  force  for 
that  purpose,"  approved  February  twenty-eight,  seventeen  hundred 
and  ninety-five,  did  call  forth  the  militia  to  suppress  said  insurrection, 
and  to  cause  the  laws  of  the  Union  to  be  duly  executed,  and  the  in- 
surgents have  failed  to  disperse  by  the  time  directed  by  the  President  ; 
and  whereas  such  insurrection  has  since  broken  out,  and  yet  exists, 
within  the  States  of  Virginia,  North  Carolina,  Tennessee,  and  Arkansas; 
and  whereas  the  insurgents  in  all  the  said  States  claim  to  act  under 
the  authority  thereof,  and  such  claim  is  not  disclaimed  or  repudiated 
by  the  persons  exercising  the  functions  of  government  in  such  State 
or  States,  or  in  the  part  or  parts  thereof  in.  which  such  combinations 
exist,  nor  has  such  insurrection  been  suppressed  by  said  States  : 

^ow,  therefore,  I.  ABRAHAM  LINCOLN,  President  of  the  United 
States,  in  pursuance  of  an  act  of  Congress  approved  July  thirteen, 
eighteen  hundred  and  sixty-one,  do  hereby  declare  that  the  inhabit- 
ants of  the  said  States  of  Georgia,  South  Carolina,  Virginia,  North 
Carolina,  Tennessee,  Alabama,  Louisiana,  Texas,  Arkansas,  Missis- 
sippi, and  Florida,  (except  the  inhabitants  of  that  part  of  the  State 
of  Virginia  lying  west  of  the  Alieghany  mountains,  and  of  such  other 
parts  of  that  State  and  the  other  States  hereinbefore  named  as  may 
maintain  a  loyal  adhesion  to  the  Union  and  the  Constitution,  or  may 
be,  from  time  to  time,  occupied  and  controlled  by  forces  of  the  United 
States  engaged  in  the  dispersion  of  said  insurgents,)  are  in  a  state  of 
insurrection  against  the  United  States,  and  that  all  commercial  in- 
tercourse between  the  same  and  the  inhabitants  thereof,  with  the 
exceptions  aforesaid,  and  the  citizens  of  other  States  and  other  parts 
of  the  United  States  is  unlawful,  and  will  remain  unlawful  unti)  such 
insurrection  shall  cease  or  has  been  suppressed  ;  that  all  goods  and 
chattels,  wares  and  merchandise,  coming  from  any  of  said  States, 
with  the  exceptions  aforesaid,  into  other  parts  of  the  United  States, 
without  the  special  license  and  permission  of  the  President,  through 


40 

the  Secretary  of  the  Treasury,  or  proceeding  to  any  of  said  States, 
with  the  exceptions  aforesaid,  by  land  or  water,  together  with  the 
vessel  or  vehicle  conveying  the  same,  or  conveying  persons  to  or 
from  said  States,  with  said  exceptions,  will  be  forfeited  to  the  United 
States  ;  and  that,  from  and  after  fifteen  days  from  the  issuing  of  this 
Proclamation,  all  ships  and  vessels  belonging  in  whole  or  in  part  to 
any  citizen  or  inhabitant  of  any  of  said  States,  with  said  exceptions, 
found  at  sea,  or  in  any  port  of  the  United  States,  will  be  forfeited  to 
the  United  States  ;  and  I  hereby  enjoin  upon  all  district  attorneys, 
marshals,  and  officers  of  the  revenue  and  of  the  military  and  naval 
forces  of  the  United  States  to  be  vigilant  in  the  execution  of  said 
act,  and  in  the  enforcement  of  the  penalties  and  forfeitures  imposed 
or  declared  by  it  ;  leaving  any  party  who  may  think  himself  aggrieved 
thereby  to  his  application  to  the  Secretary  of  the  Treasury  for  the 
remission  of  any  penalty  or  forfeiture,  which  the  said  Secretary  is 
authorized  by  law  to  grant  if,  in  his  judgment,  the  special  circum- 
stances of  any  case  shall  require  such  remission. 

In  witness  whereof  I  have  hereunto  set  my  hand,  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  sixteenth  day  of  August,  in 
r         -,  the  year  of  our  Lord  eighteen  hundred  and  sixty-one,  and  of 
•*  the  Independence  of  the  United  States  of  America  the  eighty- 
sixth. 

ABRAHAM  LINCOLN. 

By  the  President  : 

WILLIAM  H.  SEWARD,  Secretai~y  of  State. 


JULY    1,  1862. 

By  the  President  of  the  United  States. 

A   PROCLAMATION. 

Whereas,  in  and  by  the  second  section  of  an  act  of  Congress  passed 
on  the  7th  day  of  June,  A.  D.  1862,  entitled  "An  act  for  the  collec- 
tion of  direct  taxes  in  insurrectionary  districts  within  the  United 
States,  and  for  other  purposes,"  it  is  made  the  duty  of  the  President 
to  declare,  on  or  before  the  first  day  of  July  then  next  following,  by 
his  proclamation,  in  what  State  and  parts  of  States  insurrection  exists: 

Now.  therefore,  be  it  known  that  I,  ABRAHAM  LINCOLN,  President 
of  the  United  States  of  America,  do  hereby  declare  and  proclaim 
that  the  States  of  South  Carolina,  Florida,  Georgia,  Alabama,  Louis- 
iana, Texas,  Mississippi,  Arkansas,  Tennessee,  North  Carolina,  and 
the  State  of  Virginia,  except  the  following  counties :  Hancock,  Brooke, 
Ohio,  Marshall,  Wetzel,  Marion,  Monongalia,  Preston,  Taylor,  Pleas- 
ants,  Tyler,  Ritchie,  Doddridge,  Harrison,  Wood,  Jackson,  Wirt, 
Roane,  Calhoun,  Gilmore,  Barbour,  Tucker,  Lewis,  Braxton,  Upshur, 
Randolph,  Mason.  Putnam,  Kanawha,  Clay,  Nicholas,  Cabell,  Wayne, 
Boone,  Logan,  Wyoming,  Webster,  Fayette,  and  Raleigh,  are  now 
in  insurrection  and  rebellion,  and  by  reason  thereof  the  civil  author- 
ity of  the  United  States  is  obstructed  so  that  the  provisions  of  the 


41 

"Act  to  provide  increased  revenue  from  imports,  to  pay  the  interest  on 
the  public  debt,  and  for  other  purposes,"  approved  August  fifth, 
eighteen  hundred  and  sixty-one,  cannot  be  peaceably  executed,  and  that 
the  taxes  legally  chargeable  upon  real  estate  under  the  act  last  afore- 
said, lying  within  the  States  and  parts  of  States  as  aforesaid,  together 
*'ith  a  penalty  of  fifty  per  centum  of  said  taxes,  shall  be  a  lien  upon 
the  tracts  or  lots  of  the  same,  severally  charged,  till  paid. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  first  day  of  July,  in  the 
r        -,       year  of  our  Lord  one  thousand  eight  hundred  and  sixty-two, 
and  of  the  independence  of  the  United  States  of  America 
the  eighty-sixth. 

ABRAHAM  LINCOLN. 
By  the  President: 

F.  W.  SEWARD,  Acting  Secretary  of  State. 


MARCH   31,   1863. 

By  the  President  of  tJie  United  States  of  America. 

A  PROCLAMATION. 

"Whereas,  in  pursuance  of  the  act  of  Congress  approved  July  13, 
1861,  I  did,  by  proclamation,  dated  August  16,  1861,  declare  that 
the  inhabitants  of  the  States  of  Georgia,  South  Carolina,  Virginia, 
North  Carolina,  Tennessee,  Alabama,  Louisiana,  Texas,  Arkansas, 
Mississippi,  and  Florida  (except  the  inhabitants  of  that  part  of  Vir- 
ginia lying  west  of  the  Alleghany  mountains,  and  of  such  other  parts 
of  that  State,  and  the  other  States  hereinbefore  named  as  might 
maintain  a  loyal  adhesion  to  the  Union  and  the  Constitution,  or  might 
be  from  time  to  time  occupied  and  controlled  by  forces  of  the  United 
States  engaged  in  the  dispersion  of  said  insurgents)  were  in  a  state 
of  insurrection  against  the  United  States,  and  that  all  commercial 
intercourse  between  the  same  and  the  inhabitants  thereof,  with  the 
exceptions  aforesaid,  and  the  citizens  of  other  States  and  other  parts 
of  the  United  States,  was  unlawful,  and  would  remain  unlawful  until 
such  insurrection  should  cease  or  be  suppressed,  and  that  all  goods 
and  chattels,  wares,  and  merchandise  coming  from  any  of  said  States, 
with  the  exceptions  aforesaid,  into  other  parts  of  the  United  States, 
without  the  license  and  permission  of  the  President,  through  the 
Secretary  of  the  Treasury,  or  proceeding  to  any  of  said  States,  with 
the  exceptions  aforesaid,  by  land  or  water,  together  with  the  vessel 
or  vehicle  conveying  the  same  to  or  from  said  States,  with  the  ex- 
ceptions aforesaid,  would  be  forfeited  to  the  United  States. 

And  whereas  experience  has  shown  that  the  exceptions  made  in 
and  by  said  proclamation  embarrass  the  due  enforcement  of  said  act 
of  July  13,  1861,  and  the  proper  regulation  of  the  commercial  inter- 
course authorized  by  said  act  with  the  loyal  citizens  of  said  States  : 


42 

Now,  therefore,!,  ABRAHAM  LINCOLN,  President  of  the  United  States, 
do  hereby  revoke  the  said  exceptions,  and  declare  that  the  inhabitants 
of  the  States  of  Georgia,  South  Carolina,  North  Carolina,  Tennes- 
see, Alabama,  Louisiana,  Texas,  Arkansas,  Mississippi,  Florida,  and 
Virginia  (except  the  forty-eight  counties  of  Virginia  designated  as 
West  Virginia,  and  except,  also,  the  ports  of  New  Orleans,  Key 
West,  Port  Royal,  and  Beaufort,  in  North  Carolina)  are  in  a  state  of 
insurrection  against  the  United  States,  and  that  all  commercial  in- 
tercourse, not  licensed  and  conducted  as  provided  in  said  act,  be- 
tween the  said  States  and  the  inhabitants  thereof,  with  the  excep- 
tions aforesaid,  and  the  citizens  of  other  States  and  other  parts  of  the 
United  States,  is  unlawful,  and  will  remain  unlawful  until  such  insur- 
rection shall  cease  or  has  been  suppressed,  and  notice  thereof  has 
been  duly  given  by  proclamation  ;  and  all  cotton,  tobacco,  and  other 
products,  and  all  other  goods  and  chattels,  wares,  and  merchandise 
coming  from  any  of  said  States,  with  the  exceptions  aforesaid,  into 
other  parts  of  the  United  States,  or  proceeding  to  any  of  said  States, 
with  the  exceptions  aforesaid,  without  the  license  and  perrnisison  of 
the  President,  through  the  Secretary  of  the  Treasury,  will,  together 
with  the  vessel  or  vehicle  conveying  the  same,  be  forfeited  to  the 
United  States. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the 
j.        -,    seal  of  the  United  States  to  be  affixed.     Done  at  the  city  of 
•"     Washington,  this  thirty-first  day  of  March,  A.  D.  1863,  and 
of  the  independence   of  the  United  States  of  America  the  eighty- 
seventh. 

ABRAHAM  LINCOLN. 
By  the  President  : 

WILLIAM  H.  SEWARD, 

Secretary  of  State. 


LICENSE  OF  TRADE  BY  THE  PRESIDENT. 


WASHINGTON,  EXECUTIVE  MANSION, 

March  31,   1863. 

Whereas,  by  the  act  of  Congress  approved  July  13,  1861,  entitled 
' '  An  act  to  provide  for  the  collection  of  duties  on  imports,  and  for 
other  purposes,"  all  commercial  intercourse  between  the  inhabitants 
of  such  States  as  should  by  proclamation  be  declared  in  insurrection 
against  the  United  States  and  the  citizens  of  the  rest  of  the  United 
States  was  prohibited  so  long  as  such  condition  of  hostility  should 
continue,  except  as  the  same  shall  be  licensed  and  permitted  by  the 
President  to  be  conducted  and  carried  on  only  in  pursuance  of  rules 
and  regulations  prescribed  by  the  Secretary  of  the  Treasury ;  and 
whereas  it  appears  that  a  partial  restoration  of  such  intercourse  be- 
tween the  inhabitants  of  sundry  places  and  sections  heretofore  de- 
clared in  insurrection  in  pursuance  of  said  act  and  the  citizens  of  the 
rest  of  the  United  States  will  favorably  affect  the  public  interests  : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the  United 
States,  exercising  the  authority  and  discretion  confided  to  me  by  the 
said  act  of  Congress,  do  hereby  license  and  permit  such  commercial 
intercourse  between  the  citizens  of  loyal  States  and  the  inhabitants 
of  such  insurrectionary  States  in  the  cases  and  under  the  restrictions 
described  and  expressed  in  the  regulations  prescribed  by  the  Secre- 
tary of  the  Treasury,  bearing  even  date  with  these  presents,  or  in 
such  other  regulations  as  he  may  hereafter,  with  my  approval,  pre- 
scribe. 

ABRAHAM  LINCOLN. 


ACTS   OF   COIGRESS. 


AN  ACT 

Further  to  provide  for  the  collection  of  duties  on  imports,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever  it  shall,  in  the 
judgment  of  the  President,  by  reason  of  unlawful  combinations  of  per- 
sons in  opposition  to  the  laws  of  the  United  States,  become  impracti- 
cable to  execute  the  revenue  laws  and  collect  the  duties  on  imports 
by  ordinary  means,  in  the  ordinary  way,  at  any  port  of  entry  in  any 
collection  district,  he  is  authorized  to  cause  such  duties  to  be  col- 
lected at  any  port  of  deliver/  in  said  district  until  such  obstruction 
shall  cease  ;  and  in  such  case  the  surveyors  at  said  ports  of  delivery 
shall  be  clothed  with  all  the  powers  and  be  subject  to  all  the  obliga- 
tions of  collectors  at  ports  of  entry  j  and  the  Secretary  of  the  Treas- 
ury, with  the  approbation  of  the  President,  shall  appoint  such  number 
of  weighers,  gaugers,  measurers,  inspectors,  appraisers,  and  clerks, 
as  may  be  necessary,  in  his  judgment,  for  the  faithful  execution  of 
the  revenue  laws  at  said  ports  of  delivery,  and  shall  fix  and  establish 
the  limits  within  which  such  ports  of  delivery  are  constituted  ports 
of  entry,  as  aforesaid ;  and  all  the  provisions  of  law  regulating  the 
issue  of  marine  papers,  the  coasting  trade,  the  warehousing  of  im- 
ports, and  collection  of  duties,  shall  apply  to  the  ports  of  entry  so 
constituted  in  the  same  manner  as  they  do  to  ports  of  entry  estab- 
lished by  the  laws  now  in  force. 

SEC.  2.  And  be  it  further  enacted,  That  if,  from  the  cause  mentioned 
in  the  foregoing  section,  in  the  judgment  of  the  President,  the  reve- 
nue from  duties  on  imports  cannot  be  effectually  collected  at  any  port 
of  entry  in  any  collection  district,  in  the  ordinary  way  and  by  the 
ordinary  means,  or  by  the  course  provided  in  the  foregoing  section, 
then  and  in  that  case  he  may  direct  that  the  custom-house  for  the 
district  be  established  in  any  secure  place  within  said  district,  either 
on  land  or  on  board  any  vessel  in  said  district  or  at  sea  near  the 
coast ;  and  in  such  case  the  collector  shall  reside  at  such  place,  or  on 
shipboard,  as  the  case  may  be,  and  there  detain  all  vessels  and  car- 
goes arriving  within  or  approaching  said  district,  until  the  duties 
imposed  by  law  on  said  vessels  and  their  cargoes  are  paid  in  cash  : 
Provided,  That  if  the  owner  or  consignee  of  the  cargo  on  board  any 
vessel  detained  as  aforesaid,  or  the  master  of  said  vessel,  shall  desire 
to  enter  a  port  of  entry  in  any  other  district  of  the  United  States 
where  no  such  obstructions  to  the  execution  of  the  laws  exist,  the 


45 

master  of  such  vessel  may  be  permitted  so  to  change  the  destination 
of  the  vessel  and  cargo  in  his  manifest,  whereupon  the  collector  shall 
deliver  him  a  written  permit  to  proceed  to  the  port  so  designated  : 
And  provided,  further,  That  the  Secretary  of  the  Treasury  shall,  with 
the  approbation  of  the  President,  make  proper  regulations  for  the 
enforcement  on  shipboard  of  such  provisions  of  the  laws  regulating 
the  assessment  and  collection  of  duties  as  in  his  judgment  may  be 
necessary  and  practicable. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  unlawful  to  take 
any  vessel  or  cargo  detained  as  aforesaid  from  the  custody  of  the 
proper  officers  of  the  customs  unless  by  process  of  some  court  of  the 
United  States  ;  and  in  case  of  any  attempt  otherwise  to  take  such 
vessel  or  cargo  by  any  force,  or  combination,  or  assemblage  of  per- 
sons, too  great  to  be  overcome  by  the  officers  of  the  customs,  it  shall 
and  may  be  lawful  for  the  President,  or  such  person  or  persons 
as  he  shall  have  empowered  for  that  purpose,  to  employ  such  part  of 
the  army  or  navy  or  militia  of  the  United  States,  or  such  force  of 
citizen  volunteers  as  may  be  deemed  necessary,  for  the  purpose  of 
preventing  the  removal  of  such  vessel  or  cargo,  and  protecting  the 
officers  of  the  customs  in  retaining  the  custody  thereof. 

SEC.  4.  And  be  it  further  enacted,  That  if,  in  the  judgment  of  the 
President,  from  the  cause  mentioned  in  the  first  section  of  this  act, 
the  duties  upon  imports  in  any  collection  district  cannot  be  effectually 
collected  by  the  ordinary  means  and  in  the  ordinary  way,  or  in  the 
mode  and  manner  provided  in  the  foregoing  section  of  this  act,  then 
and  in  that  case  the  President  is  hereby  empowered  to  close  the  port 
or  ports  of  entry  in  said  district,  and  in  such  case  give  notice  thereof 
by  proclamation  ;  and  thereupon  all  right  of  importation,  warehous- 
ing, and  other  privileges  incident  to  ports  of  entry,  shall  cease  and 
be  discontinued  at  such  port  so  closed,  until  opened  by  the  order  of 
the  President  on  the  cessation  of  such  obstructions  ;  and  if,  while 
said  ports  are  so  closed,  any  ship  or  vessel  from  beyond  the  United 
States,  or  having  on  board  any  articles  subject  to  duties,  shall  enter 
or  attempt  to  enter  any  such  port,  the  same,  together  with  its  tackle, 
apparel,  furniture,  and  cargo,  shall  be  forfeited  to  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  whenever  the  President,  in 
pursuance  of  the  provisions  of  the  second  section  of  the  act  entitled 
"A.n  act  to  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions,  and  to  re- 
peal the  act  now  in  force  for  that  purpose, ' '  approved  February  twenty- 
eight,  seventeen  hundred  and  ninety-five,  shall  have  called  forth  the 
militia  to  suppress  combinations  against  the  laws  of  the  United  States, 
and  to  cause  the  laws  to  be  duly  executed,  and  the  insurgents  shall 
have  failed  to  disperse  by  the  time  directed  by  the  President,  and 
when  said  insurgents  claim  to  act  under  the  authority  of  any  State 
or  States,  and  such  claim  is  not  disclaimed  or  repudiated  by  the  per- 
sons exercising  the  functions  of  government  in  such  State  or  States, 
or  in  the  part  or  parts  thereof  in  which  said  combination  exists,  nor 
such  insurrection  suppressed  by  said  State  or  States,  then  and  in 
such  case  it  may  and  shall  be  lawful  for  the  President,  by  proclama- 


tion,  to  declare  that  the  inhabitants  of  such  State,  or  any  section  or 
part  thereof,  where  such  insurrection  exists,  are  in  a  state  of  insur- 
rection against  the  United  States  ;  and  thereupon  all  commercial 
intercourse  by  and  between  the  same  and  the  citizens  thereof  and 
the  citizens  of  the  rest  of  the  United  States  shall  cease  and  be  un- 
lawful so  long  as  such  condition  of  hostility  shall  continue  ;  and  all 
goods  and  chattels,  wares  and  merchandise,  coming  from  said  State 
or  section  into  the  other  parts  of  the  United  States,  and  all  proceeding 
to  such  State  or  section  by  land  or  water,  shall,  together  with  the 
vessel  or  vehicle  conveying  the  same,  or  conveying  persons  to  or  from 
such  State  or  section,  be  forfeited  to  the  United  States  :  Provided, 
hoivever,  That  the  President  may,  in  his  discretion,  license  and  permit 
commercial  intercourse  with  any  such  part  of  said  State  or  section, 
the  inhabitants  of  which  are  so  declared  in  a  state  of  insurrection, 
in  such  articles,  and  for  such  time,  and  by  such  persons,  as  he,  in 
his  discretion,  may  think  most  conducive  to  the  public  interest ;  and 
such  intercourse,  so  far  as  by  him  licensed,  shall  be  conducted  and 
carried  on  only  in  pursuance  of  rules  and  regulations  prescribed  by 
the  Secretary  of  the  Treasury.  And  the  Secretary  of  the  Treasury 
.  may  appoint  such  officers,  at  places  where  officers  of  the  customs  are 
not  now  authorized  by  law,  as  may  be  needed  to  carry  into  effect  such 
licenses,  rules,  and  regulations  ;  and  officers  of  the  customs  and  other 
officers  shall  receive  for  services  under  this  section,  and  under  said 
rules  and  regulations,  such  fees  and  compensation  as  are  now  allowed 
for  similar  service  under  other  provisions  of  law. 

SEC.  6.  And  be  it  further  enacted,  That  from  and  after  fifteen  days 
after  the  issuing  of  the  said  proclamation,  as  provided  in  the  last 
foregoing  section  of  this  act,  any  ship  or  vessel  belonging  in  whole 
or  in  part  to  any  citizen  or  inhabitant  of  said  State  or  part  of  a  State 
whose  inhabitants  are  so  declared  in  a  state  of  insurrection,  found 
at  sea,  or  in  any  port  of  the  rest  of  the  United  States,  shall  be  for- 
feited to  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That,  in  the  execution  of  the 
provisions  of  this  act,  and  of  the  other  laws  of  the  United  States 
providing  for  the  collection  of  duties  on  imports  and  tonnage,  it  may 
and  shall  be  lawful  for  the  President,  in  addition  to  the  revenue  cut- 
ters in  service,  to  employ  in  aid  tbere6*f  such  other  suitable  vessels 
as  may,  in  his  judgment,  be  required. 

SEC.  8.  And  be  it  further  enacted,  That  the  forfeitures  and  penalties 
incurred  by  virtue  of  this  act  may  be  mitigated  or  remitted,  in  pur- 
suance of  the  authority  vested  in  the  Secretary  of  the  Treasury  by 
the  act  entitled  "An  act  providing  for  mitigating  or  remitting  the 
forfeitures,  penalties,  and  disabilities  accruing  in  certain  cases  therein 
mentioned,"  approved  March  third,  seventeen" hundred  and  ninety- 
seven,  or  in  cases  where  special  circumstances  may  seem  to  require 
it,  according  to  regulations  to  be  prescribed  by  the  Secretary  of  the 
Treasury. 

SEC.  9.  And  be  it  further  enacted,  That  proceedings  on  seizures  for 
forfeitures  under  this  act  may  be  pursued  in  the  courts  of  the  United 
States  in  any  district  into  which  the  property  so  seized  may  be  taken 


47 

and  proceedings  instituted  ;  and  such  courts  shall  have  and  entertain 
as  full  jurisdiction  over  the  same  as  if  the  seizure  was  made  in  that 
district. 

Approved  July  13,  1861. 


AN  ACT 

Supplementary  to  an  act  approved  on  the  thirteenth  July,  eighteen  hundred  and  sixty- 
one,  entitled  "An  act  to  provide  for  the  collection  of  duties  on  imports,  and  for  other 
purposes." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the 
Treasury,  in  addition  to  the  powers  conferred  upon  him  by  the  act 
of  the  thirteenth  July,  eighteen  hundred  and  sixty-one,  be,  and  he 
is  hereby,  authorized  to  refuse  a  clearance  to  any  vessel  or  other 
vehicle  laden  with  goods,  wares,  or  merchandise,  destined  for  a 
foreign  or  domestic  port,  whenever  he  shall  have  satisfactory  reason 
to  believe  that  such  goods,  wares,  or  merchandise,  or  any  part  thereof, 
whatever  may  be  their  ostensible  destination,  are  intended  for  ports 
or  places  in  possession  or  under  control  of  insurgents  against  the 
United  States  ;  and  if  any  vessel  or  other  vehicle  for  which  a  clearance 
or  permit  shall  have  been  refused  by  the  Secretary  of  the  Treasury, 
or  by  his  order,  as  aforesaid,  shall  depart  or  attempt  to  depart  for  a 
foreign  or  domestic  port  without  being  duly  cleared  or  permitted, 
such  vessel  or  other  vehicle,  with  her  tackle,  apparel,  furniture,  and 
cargo,  shall  be  forfeited  to  the  United  States. 

SEC.  2.  And  be  it  further  enacted,  That  whenever  a  permit  or 
clearance  is  granted  for  either  a  foreign  or  domestic  port,  it  shall  be 
lawful  for  the  collector  of  the  customs  granting  the  same,  if  he  shall 
deem  it  necessary,  under  the  circumstances  of  the  case,  to  require 
a  bond  to  be  executed  by  the  master  or  the  owner  of  the  vessel,  in 
a  penalty  equal  to  the  value  of  the  cargo,  and  with  sureties  to  the 
satisfaction  of  such  collector,  that  the  said  cargo  shall  be  delivered 
at  the  destination  for  which  it  is  cleared  or  permitted,  and  that  no 
part  thereof  shall  be  used  in  affording  aid  or  comfort  to  any  person  or 
parties  in  insurrection  against  the  authority  of  the  United  States. 

SEC.  3.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby,  further  empowered  to  prohibit  and 
prevent  the  transportation  in  any  vessel  or  upon  any  railroad,  turnpike, 
or  other  road  or  means  of  transportation  within  the  United  States, 
of  any  goods,  wares,  or  merchandise,  of  whatever  character,  and 
whatever  may  be  the  ostensible  destination  of  the  same,  in  all  cases 
where  there  shall  be  satisfactory  reasons  to  believe  that  such  goods, 
wares,  or  merchandise  are  intended  for  any  place  in  the  possession  or 
under  the  control  of  insurgents  against  the  United  States  ;  or  that 
there  is  imminent  danger  that  such  goods,  wares,  or  merchandise  will 
fall  into  the  possession  or  under  the  control  of  such  insurgents  ;  and 
he  is  further  authorized,  in  all  cases  where  he  shall  deem  it  expedient 


48 

so  to  do,  to  require  reasonable  security  to  be  given  that  goods,  wares, 
or  merchandise  shall  not  be  transported  to  any  place  under  insur- 
rectionary control,  and  shall  not,  in  any  way,  be  used  to  give  aid  or 
comfort  to  such  insurgents  ;  and  he  may  establish  all  such  general  or 
special  regulations  as  may  be  necessary  or  proper  to  carry  into  effect 
the  purposes  of  this  act  ;  and  if  any  goods,  wares,  or  merchandise 
shall  be  transported  in  violation  of  this  act,  or  of  any  regulation  of 
the  Secretary  of  the  Tresury,  established  in  pursuance  thereof,  or  if 
any  attempt  shall  be  made  so  to  transport  them,  all  goods,  wares,  or 
merchandise  so  transported  or  attempted  to  be  transported  shall  be 
forfeited  to  the  United  States. 

SEC.  4.  And  be  if  further  enacted,  That  the  proceedings  for  the 
penalties  and  forfeitures  accruing  under  this  act  may  be  pursued,  and 
the  same  may  be  mitigated  or  remitted  by  the  Secretary  of  the  Treas- 
ury in  the  modes  prescribed  by  the  eighth  and  ninth  sections  of  the 
act  of  July  thirteenth,  eighteen  hundred  and  sixty-one,  to  which  this 
act  is  supplementary. 

SEC.  5.  And  be  it  further  enacted,  That  the  proceeds  of  all  penal- 
ties and  forfeitures  incurred  under  this  act,  or  the  act  to  which  this 
is  supplementary,  shall  be  distributed  in  the  manner  provided  by  the 
ninety-first  section  of  the  act  of  March  second,  seventeen  hundred 
and  ninety-nine,  entitled  "An  act  to  regulate  the  collection  of  duties 
on  imports  and  tonnage." 

Approved  May  20,  18G2. 


AX  ACT 

To  provide  for  the  collection  of  abandoned  property  and  for  the  prevention  of  frauds  in 
insurrectionary  districts  within  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  be  lawful  for  the 
Secretary  of  the  Treasury,  from  and  after  the  passage  of  this  act,  as 
he  shall  from  time  to  time  see  fit,  to  appoint  a  special  agent  or  agents 
to  receive  and  collect  all  abandoned  or  captured  property  in  any  State 
or  Territory,  or  any  portion  of  any  State  or  Territory  of  the  United 
States,  designated  as  in  insurrection  against  the  lawful  government  of 
the  United  States  by  the  proclamation  of  the  President  of  July  first, 
eighteen  hundred  and  sixty-two  :  Provided,  That  such  property  shall 
not  include  any  kind  or  description  which  has  been  used,  or  which 
was  intended  to  be  used,  for  waging  or  carrying  on  war  against  the 
United  States,  such  as  arms,  ordnance,  ships,  steamboats,  or  other 
water  craft,  and  the  furniture,  forage,  military  supplies,  or  muni- 
tions of  war. 

SEC.  2.  And  be  it  further  enacted,  That  any  part  of  the  goods  or 
property  received  or  collected  by  such  agent  or  agents  may  be  appro- 
priated to  public  use  on  due  appraisement  and  certificate  thereof,  or 
forwarded  to  any  place  of  sale  within  the  loyal  States,  as  the  public 


.    49 

interests  may  require  ;  and  all  sales  of  sur-h  property  shall  be  at  auc- 
tion to  the  highest  bidder,  and  the  proceeds  thereof  shall  be  paid  into 
the  treasury  of  the  United  States. 

SEC.  3.  And  be  it  further  enacted,  That  the  Secretary  of  the  treas- 
ury may  require  the  special  agents  appointed  under  this  act  to  give  a 
bond  with  such  securities  and  in  such  amount  as  he  shall  deem  neces- 
sary, and  to  require  the  increase  of  said  amounts,  and  the  strenghen- 
ing  of  said  security,  as  circumstances  may  demand  ;  and  he  shall  also 
cause  a  book  or  books  of  account  to  be  kept,  showing  from  whom  such 
property  was  received,  the  cost  of  transportation,  and  proceeds  of  the 
sale  thereof.  And  any  person  claiming  to  have  been  the  owner  of 
any  such  abandoned  or  captured  property  may,  at  any  time  within 
two  years  after  the  suppression  of  the  rebellion,  prefer  his  claim  to 
the  proceeds  thereof  in  the  Court  of  Claims  ;  and  on  proof  to  the 
satisfaction  of  said  court  of  his  ownership  of  said  property,  of  his 
right  to  the  proceeds  thereof,  and  that  he  has  never  given  any  aid  or 
comfort  to  the  present  rebellion,  to  receive  the  residue  of  such  pro- 
ceeds, after  the  deduction  of  any  purchase  money  which  may  have 
been  paid,  together  with  the  expense  of  transportation  and  sale  of 
said  property,  and  any  other  lawful  expenses  attending  the  disposi- 
tion thereof. 

SEC.  4.  And  be  it  further  enacted,  That  all  property  coming  into 
any  of  the  United  States  not  declared  in  insurrection  as  aforesaid, 
from  within  any  of  the  States  declared  in  insurrection,  through  or  by 
any  other  person  than  any  agent  duly  appointed  under  the  provisions 
of  this  act,  or  under  a  lawful  clearance  by  the  proper  officer  of  the 
Treasury  Department,  shall  be  confiscated  to  the  use  of  the  govern- 
ment of  the  United  States.  And  the  proceedings  for  the  condemna- 
tion and  sale  of  any  such  property  shall  be  instituted  and  conducted 
under  the  direction  of  the  Secretary  of  the  Treasury,  in  the  mode  pre- 
scribed by  the  eighty-ninth  and  ninetieth  sections  of  the  act  of  March 
second,  seventeen  hundred  and  ninety-nine,  entitled  "An  act  to  reg- 
ulate the  collection  of  duties  on  imports  and  tonnage."  And  any 
agent  or  agents,  person  or  persons,  by  or  through  whom  such  prop- 
erty shall  come  within  the  lines  of  the  United  States  unlawfully,  as 
aforesaid,  shall  be  judged  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  in  any  sum  not  exceeding  one  thousand  dollars, 
or  imprisonment  for  any  time  not  exceeding  one  year,  or  both,  at  the 
discretion  of  the  court.  And  the  fines,  penalties,  and  forfeitures  ac- 
cruing under  this  act  may  be  mitigated  or  remitted  in  the  mode  pre- 
scribed by  the  act  of  March  three,  seventeen  hundred  and  ninety- 
seven,  or  in  such  manner,  in  special  cases,  as  the  Secretary  of  the 
Treasury  may  prescribe. 

SEC.  5.  And  be  it  further  enacted,  That  the  fifth  section  of  the  "Act 
to  further  provide  for  the  collection  of  the  revenue  upon  the  northern, 
northeastern,  and  northwestern  frontier,  and  for  other  purposes," 
approved  July  fourteen,  eighteen  hundred  and  sixty-two,  shall  be  so 
construed  as  to  allow  the  temporary  officers  which  had  been  or  may 
be  appointed  at  ports  which  have  been  or  may  be  opened  or  established 
in  States  declared  to  be  in  insurrection  by  the  proclamation  of  the 
4c 


50 

President  on  the  first  of  July,  eighteen  hundred  and  sixty-two,  the 
same  compensation  which  by  law  is  allowed  to  permanent  officers  of 
the  same  position,  or  the  ordinary  compensation  of  special  agents,  as 
the  Secretary  of  the  Treasury  may  determine. 

SEC.  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  every 
officer  or  private  of  the  regular  or  volunteer  forces  of  the  United 
States,  or  any  officer,  sailor,  or  marine  in  the  naval  service  of  the 
United  States  upon  the  inland  waters  of  the  United  States,  who  may 
take  or  receive  any  such  abandoned  property,  or  cotton,  sugar,  rice, 
or  tobacco,  from  persons  in  such  insurrectionary  districts,  or  have  it 
under  his  control,  to  turn  the  same  over  to  an  agent  appointed  as 
aforesaid,  who  shall  give  a  receipt  therefor  ;  and  in  case  he  shall  re- 
fuse or  neglect  so  to  do,  he  shall  be  tried  by  a  court-martial  and  shall 
be  dismissed  from  the  service,  or,  if  an  officer,  reduced  to  the  ranks, 
or  suffer  such  other  punishment  as  said  court  shall  order,  with  the 
approval  of  the  President  of  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That  none  of  the  provisions  of 
this  act  shall  apply  to  any  lawful  maritime  prize  by  the  naval  forces 
of  the  United  States. 

Approved  March  12,  1863. 


ORDER 

OF  TUB 

SECRETARY   OF   WAR. 


General  Orders  No.  88.] 

WAR  DEPARTMENT, 
Washington,  March  31.  1863. 

For  the  purpose  of  more  effectually  preventing  all  commercial  in- 
tercourse with  insurrectionary  States,  except  such  as  shall  be  author- 
ized in  pursuance  of  law,  and  of  securing  consistent,  uniform,  and 
efficient  action  in  conducting  such  intercourse  as  shall  be  so  author- 
ized, and  for  the  purpose  of  carrying  out  the  provisions  of  an  act  of 
Congress  entitled  "An  act  to  provide  for  the  collection  of  abandoned 
property  and  for  the  prevention  of  frauds  in  insurrectionary  States," 
approved  March  12,  1863,  it  is  hereby  ordered — 

I. 

That  no  officer  of  the  army  of  the  United  States,  nor  other  person 
connected  therewith,  shall  authorize  or  have  any  interest  in  the  trans- 
portation of  any  goods,  wares,  or  merchandise  (except  supplies  be- 
longing to  or  contracted  for  by  the  United  States,  designed  for  the 
military  or  naval  forces  thereof,  and  moving  under  military  or  naval 
orders,  and  except,  also,  sutlers'  supplies  and  other  things  necessary 
for  the  use  and  comfort  of  the  troops  of  the  United  States,  and 
moving  under  permits  of  the  authorized  officers  of  the  Treasury  De- 
partment) into  any  State  declared  by  the  President  to  be  in  insur- 
rection ;  nor  authorize  nor  have  any  interest  in  the  purchase  or  sale 
therein  of  any  goods  or  chattels  wares  or  merchandise,  cotton,  to- 
bacco, or  other  product  of  the  soil  thereof ;  nor  the  transportation  of 
the  same,  except  as  aforesaid,  therefrom  or  therein  ;  nor  shall  any 
such  officer  or  person  authorize,  prohibit,  or  in  any  manner  interfere 
with  any  such  purchase  or  sale  or  transportation,  which  shall  be  con- 
ducted under  the  regulations  of  the  Secretary  of  the  Treasury,  un- 
less under  some  imperative  military  necessity,  in  the  place  or  section 
where  the  same  shall  be  conducted,  or  unless  requested  by  an  agent 
or  some  other  authorized  officer  of  the  Treasury  Department,  in 
which  case  all  commanders  of  military  departments,  districts,  and 
posts,  will  render  such  aid  in  carrying  out  the  provisions  of  the  said 
act,  and  in  enforcing  due  observance  of  the  said  regulations  of  the 
Secretary  of  the  Treasury,  as  can  be  given  without  manifest  injury 
to  the  public  service. 


52 


II. 

It  is  further  ordered  that  every  officer  or  private,  or  person  em- 
ployed in  or  with  the  regular  or  volunteer  forces  of  the  United 
States,  who  may  receive  or  have  under  his  control  any  property 
which  shall  have  been  abandoned  by  the  owner  or  owners,  or  cap- 
tured in  any  district  declared  to  be  in  insurrection  against  the  United 
States,  including  all  property  seized  under  military  orders,  excepting 
only  such  as  shall  be  required  for  military  use  of  the  United  States 
forces,  shall  promptly  turn  over  all  such  property  to  the  agent  ap- 
pointed by  the  Secretary  of  the  Treasury  to  receive  the  same,  who 
shall  give  duplicate  receipts  therefor. 

And  every  such  officer  or  private,  or  person  employed  in  or  with 
the  regular  or  volunteer  forces  of  the  United  States,  shall  also 
promptly  turn  over  to  such  agent,  in  like  manner,  all  receipts,  bills 
of  lading,  and  other  papers,  documents,  and  vouchers  showing  title 
to  such  property,  or  the  right  to  the  possession,  control,  or  direction 
thereof ;  and  he  shall  make  such  order,  indorsement,  or  writing  as 
he  has  power  to  make,  to  enable  such  agent  to  take  possession  of 
such  property  or  the  proceeds  thereof.  Arms,  munitions  of  war, 
forage,  horses,  mules,  wagons,  beef  cattle,  and  supplies  which  are 
necessary  in  military  operations,  shall  be  turned  over  to  the  proper 
officers  of  the  ordnance,  or  of  the  quartermaster,  or  of  the  commis- 
sary departments,  respectively,  for  the. use  of  the  army.  All  other 
property  abandoned  or  captured  or  seized,  as  aforesaid,  shall  be  de- 
livered to  the  agent  appointed  by  the  Secretary  of  the  Treasury. 

The  officer  receiving  or  turning  over  such  property  shall  give  the 
usual  and  necessary  invoices,  receipts,  or  vouchers  therefor,  and  shall 
make  regular  returns  thereof,  as  prescribed  by  the  army  regulations. 
The  receipts  of  the  agents  of  the  Treasury  Department  shall  be 
vouchers  for  all  property  delivered  to  them,  and  whenever  called 
upon  by  the  agent  of  the  Treasury  Department  authorized  to  receive 
such  abandoned  or  captured  or  seized  property,  as  aforesaid,  or  the 
proceeds  thereof,  all  persons  employed  in  the  military  service  will 
give  him  full  information  in  regard  thereto;  and  if  requested  by  him 
so  to  do,  they  shall  give  him  duplicates  or  copies  of  the  reports  and 
returns  thereof,  and  of  the  receipts,  invoices,  and  vouchers  therefor. 

And  every  officer  of  the  army  of  the  United  States,  hereafter  re- 
ceiving abandoned  or  captured  -or  seized  property,  or  the  proceeds 
thereof,  or  under  whose  order  it  may  be  applied  to  the  use  of  the 
military  forces,  as  aforesaid,  shall,  upon  request  of  a  duly  authorized 
agent  of  the  Treasury  Department,  render  a  written  report,  with  in- 
voices thereof,  to  said  agent,  in  which  he  will  specify  the  arms,  sup- 
plies, or  other  munitions  of  war,  retained  for  the  use  of  the  military 
forces,  as  aforesaid,  and  also,  separately,  the  property  turned  over 
to  said  agent,  or  which  may  have  been  sold  or  otherwise  disposed  of. 

And  in  case  a  sale  of  any  such  propery  shall  be  made  under  his 

'authority,  or  under  the  authority  of  any  one  subject  to  his  order,  he 

will  so  state,  and  will  describe  the  property  so  sold,  and  will  state 


53 

when  and  where  and  by  and  to  whom  sold,  and  the  amount  received 
therefor,  and  what  disposition  was  made  of  the  proceeds. 

And  all  officers  of  the  army  of  the  United  States  will  at  all  times 
render  to  the  agents  appointed  by  the  Secretary  of  the  Treasury  all 
such  aid  as  may  be  necessary  to  enable  them  to  take  possession  of  and 
transport  all  such  property,  so  far  as  can  be  done  without  manifest 
injury  to  the  public  service. 

III. 

All  commanders  of  military  departments,  districts,  and  posts,  will, 
upon  receipt  of  this  order,  revoke  all  existing  orders  within  their  re- 
spective commands  conflicting  or  inconsistent  herewith,  or  which 
permit  or  prohibit  or  in  any  manner  interfere  with  any  trade  or  trans- 
portation conducted  under  the  regulations  of  the  Secretary  of  the 
Treasury;  andtheir  attention  is  particularly  directed  to  said  regula- 
tions, prescribed  March  31,  1863,  and  they  will  respectively  make 
such  orders  as  will  insure  strict  observance  of  this  order  throughout 
their  respective  commands. 

All  expenses  of  transporting  property  herein  referred  to  will  be 
reported  by  the  officers  of  the  quartermaster's  department,  who  fur- 
nish such  transportation,  to  the  agents  of  the  Treasury  Department, 
and  also,  through  the  ordinary  channels,  to  the  quartermaster  general 
at  Washington,  in  order  that  the  said  expenses  may  be  reimbursed 
from  the  proceeds  of  sales  of  such  transported  property. 

EDWIN  M.   STANTON, 

Secretary  of  War. 

WAR  DEPARTMENT, 

September  11,  1863. 

The  attention  of  all  officers  and  Soldiers  of  the  Army  of  the  United 
States,  whether  volunteer  or  regular,  is  specially  directed  to  the 
Revised  Regulations  of  the  Secretary  of  the  Treasury,  approved  by 
the  President,  dated  September  11,  1863,  and  superseding  •  the 
Regulations  of  March  31,  1863;  and  they  will  in  all  respects  observe 
General  Order  of  this  Department,  numbered  eighty-eight,  and  dated 
March  31,  1863,  in  regard  to  said  Revised  Regulations,  as  if  the  same 
had  been  originally  framed  and  promulgated  with  reference  to  them. 

EDWIN  M.  STANTON, 

Secretary  of  War. 


ORDER 


SECRETARY  OF  THE  NAVY. 


NAVY  DEPARTMENT, 
Washington,  March  31,  1863. 

For  the  purpose  of  more  effectually  preventing  all  commercial  in- 
tercourse with  insurrectionary  States,  except  such  as  shall  be  author- 
ized in  pursuance  of  law,  and  of  securing  consistent,  uniform,  and 
efficient  action  in  conducting  such  intercourse  as  shall  be  so  authorized, 
and  for  the  purpose  of  carrying  out  the  provisions  of  an  act  of  Con- 
gress entitled  "An  act  to  provide  for  the  collection  of  abandoned 
property  and  for  the  prevention  of  frauds  in  insurrectionary  States," 
approved  March  12.  1863,  it  is  hereby  ordered — 

I. 

That  no  officer  of  the  navy  of  the  United  States,  nor  other  person 
connected  therewith,  shall  authorize  or  have  any  interest  in  the 
transportation  of  any  goods,  wares,  or  merchandise  (except  supplies 
belonging  to  or  contracted  for  by  the  United  States,  designed  for 
the  military  or  naval  forces  thereof,  and  moving  under  military  or 
naval  orders,  and  except  also  sutlers'  supplies  and  other  things  neces- 
sary for  the  use  and  comfort  of  the  naval  forces  of  the  United  States, 
and  moving  under  permits  of  the  authorized  officers  of  the  Treasury 
Department)  into  any  State  declared  by  the  President  to  be  in  insur- 
rection; nor  authorize  nor  have  any  interest  in  the  purchase  or  sale 
therein  of  any  goods  or  chattels,  wares  or  merchandise,  cotton,  to- 
bacco, or  other  products  of  the  soil  thereof;  nor  the  transportation  of 
the  same,  except  as  aforesaid,  therefrom  or  therein;  nor  shall  any 
such  officer  or  person  authorize,  prohibit,  or  in  any  manner  interfere 
with  any  such  purchase  or  sale  or  transportation  which  shall  be  con- 
ducted under  the  regulations  of  the  Secretary  of  the  Treasury,  unless 
under  some  imperative  military  necessity  in  the  place  or  section  Avhere 
the  same  shall  be  conducted,  or  unless  requested  by  an  agent  or  some 
other  authorized  officer  of  the  Treasury  Department,  in  which  case 
all  officers  of  the  navy  of  the  United  States  and  other  persons  con- 
nected therewith  will  render  such  aid  in  carrying  out  the  provisions 
of  the  said  act  and  of  the  law,  and  in  enforcing  due  observance  of  the 
said  regulations  of  the  Secretary  of  the  Treasury  as  can  be  given 
without  manifest  injury  to  the  public  service. 


55 
II. 

It  is  further  ordered  that  every  officer,  sailor,  or  marine  in  the 
naval  service  of  the  United  States  who  shall  receive  or  have  under 
his  control  any  property  which  shall  have  been  abandoned  by  the 
owner  or  owners,  or  captured  in  any  district  declared  to  be  in  insur- 
rection against  the  United  States,  including  all  property  seized  in  any 
such  district,  under  naval  orders,  excepting  only  such  as  shall  be  re- 
quired for  the  use  of  the  naval  forces  of  the  United  States,  and  as  is 
excluded  by  the  act  of  March  12,  1863,  shall  promptly  turn  over  all 
such  property  to  the  agent  appointed  by  the  Secretary  of  the  Treasury 
to  receive  the  same,  who  shall  give  receipts  therefor,  if  desired. 

And  every  such  officer,  sailor,  or  marine,  shall  also  turn  over  to 
such  agent  in  like  manner  all  receipts,  bills  of  lading,  and  other  papers, 
documents,  and  vouchers  showing  title  to  such  property,  or  the  right 
to  the  possession,  control,  or  direction  thereof;  and  he  shall  make 
such  order,  indorsement,  or  writing  as  he  has  power  to  make  to  en- 
able such  agent  to  take  possession  of  such  property,  or  the  proceeds 
thereof.  Arms,  munitions  of  war,  forage,  horses,  mules,  wagons, 
beef  cattle,  and  supplies  which  are  necessary  in  naval  operations, 
shall  be  turned  over  to  the  proper  officers  for  the  use  of  the  navy.  All 
other  property  abandoned,  captured,  or  seized,  as  aforesaid,  shall  be 
delivered  to  the  said  agent  of  the  Treasury  Department. 

The  officer  receiving  or  turning  over  such  property  shall  give  the 
usual  and  necessary  invoices,  receipts  or  vouchers  therefor,  and 
shall  make  regular  returns  thereof  as  prescribed  by  the  navy  regula- 
tions. The  receipts  of  the  agents  of  the  Treasury  Department  shall 
be  vouchers  for  all  property  delivered  to  them.  And  whenever  called 
upon  by  the  said  agent  of  the  Treasury  Department  authorized  to 
receive  such  abandoned,  or  captured,  or  seized  property,  as  aforesaid, 
or  the  proceeds  thereof,  all  persons  employed  in  the  naval  service  of 
the  United  States  will  give  him  full  information  in  regard  thereto, 
and  if  requested  by  him  so  to  do,  they  shall  give  him  duplicates  or 
copies  of  the  reports  and  returns  thereof,  and  of  the  receipts,  in- 
voices, and  vouchers  therefor. 

« 

And  every  officer  of  the  navy  of  the  United  States  hereafter  re- 
ceiving abandoned,  or  captured,  or  seized  property  in  any  insurrec- 
tionary State  as  aforesaid,  or  the  proceeds  thereof,  or  under  whose 
order  it  may  be  applied  to  the  use  of  the  naval  forces  as  aforesaid, 
shall,  upon  request  of  an  agent  appointed  by  the  Secretary  of  the 
Treasury  as  aforesaid,  render  a  written  report,  with  invoices  thereof, 
to  said  agent,  in  which  he  will  specify  the  arms,  supplies,  or  other 
munitions  of  war  retained  for  use  of  the  naval  forces,  as  aforesaid, 
and  also,  separately,  the  property  turned  over  to  said  agent,  or 
which  may  have  been  sold  or  otherwise  disposed  of.  And  in  case  a 
sale  of  any  such  property  shall  be  made  under  his  authority,  or  under 
the  authority  of  any  one  subject  to  his  order,  he  will  so  state,  and  will 
describe  the  property  so  sold,  and  will  state  when  and  where,  and  by 
and  to  whom  sold,  and  the  amount  received  therefor,  and  what  dis- 
position was  made  of  the  proceeds. 


56 

And  all  officers  of  the  navy  of  the  United  States  will,  at  all  times, 
render  to  the  agents  appointed  by  the  Secretary  of  the  Treasury  all 
such  aid  as  may  be  necessary  to  enable  them  to  take  possession  of 
any  abandoned,  or  captured,  or  seized  property  aforesaid,  and  in 
transporting  the  same,  so  far  as  can  be  done  without  manifest  injury 
to  the  public  service. 

All  expenses  of  transporting  property  herein  referred  to  will  be 
reported  by  the  officers  who  furnish  the  transportation  to  the  agent 
of  the  Treasury  Department,  and  also,  through  the  proper  channels, 
to  the  Navy  Department  at  Washington,  in  order  that  the  expenses 
may  be  reimbursed  from  the  proceeds  of  sales  of  such  transported 
property. 

III. 

All  naval  officers  in  command  of  squadrons,  vessels,  or  stations  will, 
upon  receipt  of  this  order,  revoke  all  existing  orders  throughout  their 
respective  commands  conflicting  or  inconsistent  herewith,  or  which 
permit,  or  prohibit,  or  in  any  manner  interfere  with  any  trade  or 
transportation  conducted  under  the  regulations  of  the  Secretary  of 
the  Treasury  not  understood  as  applying  to  any  lawful  maritime  prize 
by  the  naval  forces  of  the  United  States  ;  and  their  attention  is  par- 
ticularly directed  to  said  regulations,  prescribed  March  31,  1863,  and 
they  will  respectively  make  such  orders  as  will  insure  strict  observ- 
ance of  this  order  throughout  their  respective  commands. 

GIDEON  WELLES, 
Secretary  of  the  Navy. 


NAVY  DEPARTMENT, 

September  11,  1863. 

The  attention  of  all  officers,  sailors  and  marines  of  the  Navy  of 
the  United  States,  is  especially  directed  to  the  Revised  Regulations 
of  the  Secretary  of  the  Treasury,  approved  by  the  President,  dated 
September  11,  1863,  and  superseding  the  Regulation  of  March  31, 
1863;  and  they  will  in  all  respects  observe  the  order  of  this  Depart- 
ment>  dated  March  31,  1863,  with  regard  to  said  Revised  Regula- 
tions, as  if  the  same  had  been  originally  promulgated  with  reference 
to  them. 

GIDEON  WELLES, 

Secretary  of  the  Navy. 


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